On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 07-05-0858.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 26, 2011
Before Judges Axelrad, Lihotz, and J. N. Harris.
In a joint trial with co-defendant Nicole Pate, defendant Lamont Jordan was convicted of six offenses: third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35- 10(a)(1) (Count 2); third-degree possession of a controlled dangerous substance with the intent to distribute, N.J.S.A. 2C:35-5(a)(1) and -5(b)(3) (Count 3); second-degree possession of a controlled dangerous substance within 500 feet of a public housing facility, N.J.S.A. 2C:35-5(a) and -7.1 (Count 4); fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2) (Count 12); third-degree hindering apprehension, N.J.S.A. 2C:29-3(b) (Count 13); and disorderly persons possession of marijuana, N.J.S.A. 2C:35-10(a)(4) (lesser included offense of Count 8). The jury acquitted Jordan of all other charges.
On appeal, Jordan presents the following arguments:
POINT ONE: THE TRIAL COURT'S DENIAL OF DEFENDANT'S MOTION FOR A SEPARATE TRIAL FROM CO-DEFENDANT WAS A VIOLATION OF DUE PROCESS UNDER THE UNITED STATES AND NEW JERSEY CONSTITUTIONS MANDATING A NEW TRIAL.
POINT TWO: THE TRIAL COURT ERRED IN DENYING DEFENDANT'S REQUEST TO REVEAL DETAILS OF THE LOCATION OF THE POLICE SURVEILLANCE AND THE MANNER THAT THE SURVEILLANCE WAS CONDUCTED THUS PREJUDICING DEFENDANT'S RIGHT TO CHALLENGE THE VALIDITY OF THE SEARCH WARRANT AND VIOLATING HIS RIGHTS UNDER THE SIXTH AMENDMENT OF THE U.S. CONSTITUTION.
POINT THREE: THE TRIAL COURT'S FAILURE TO ADVISE DEFENDANT OF HIS RIGHT TO CHALLENGE THE VALIDITY OF THE ALLEGED PREDICATE FELONIES MANDATING THE EXTENDED TERM VIOLATED HIS RIGHTS UNDER THE UNITED STATES AND NEW JERSEY CONSTITUTIONS.
We do not find any of these arguments persuasive and affirm.
On March 21, 2007, members of the Edison Police Department executed a search warrant at a specified apartment unit in the North Edison Gardens housing facility, which was the residence of Pate and her twelve-year-old son. Upon entry pursuant to the warrant, six persons were observed inside, one of which -- Jordan -- gave flight out the back door. The police responded in hot pursuit and quickly apprehended Jordan, observing him reach into his pocket and toss something aside. Upon recovery of the object, it was determined to contain two bags of marijuana. Later, a search of Jordan's person produced nine packets of heroin.
Inside the apartment unit, other police officers conducted a search and compiled an inventory of contraband. Among the items seized were plastic bags containing heroin, cocaine, and marijuana. Quantities of cash and drug packaging paraphernalia were also recovered.
Jordan and Pate were indicted together by a Middlesex County grand jury for, among other things, conspiracy, possession of controlled dangerous substances with the intent to distribute, maintenance of a place for keeping or selling a controlled dangerous substance, and (as to Pate only) endangering the welfare of a child. Jordan moved for separate trials and to compel the State to reveal the location of surveillance vantage points. Both ...