On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 06-07-0678.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 14, 2011
Before Judges Lisa and Reisner.
Defendant, Gregory T. Deloach, was convicted of second-degree eluding, N.J.S.A. 2C:29-2b, second-degree aggravated assault, N.J.S.A. 2C:12-1b(6), third-degree aggravated assault, N.J.S.A. 2C:12-1b(5) (with bodily injury), fourth-degree aggravated assault, N.J.S.A. 2C:12-1b(5) (without bodily injury), and third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10a(1). Defendant was sentenced to concurrent terms on all counts as follows: eluding, an extended term of eighteen years imprisonment with an eighty-five-month parole disqualifier; second-degree aggravated assault, ten years imprisonment with an 85% parole disqualifier pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2; third-degree aggravated assault, five years imprisonment with a thirty-month parole disqualifier; fourth-degree aggravated assault, five years imprisonment with a thirty-month parole disqualifier;*fn1 and third-degree possession of a controlled dangerous substance, five years imprisonment with a thirty-month parole disqualifier. Accordingly, defendant's aggregate term is eighteen years imprisonment with an eight-and-one-half-year period of parole ineligibility.
On appeal, defendant argues:
THE EXCUSED JUROR'S DISCUSSION WITH OTHER JURORS ABOUT THE UNKNOWN MAN WHO INSTRUCTED HER TO ACQUIT DEFENDANT REQUIRED THAT THE TRIAL COURT GRANT THE DEFENSE MOTION FOR A MISTRIAL, ESPECIALLY SINCE THE COURT'S QUESTIONING OF OTHER JURORS WAS MEANT TO CORRAL THEM INTO CLAIMING IMPARTIALITY AND ALSO RESULTED IN DIFFERENT ACCOUNTS REGARDING THE IMPACT OF THE EXTRANEOUS INFLUENCE.
THE EXCLUSION OF THE CO-DEFENDANT'S SINGLE PAGE AFFIDAVIT -- WHICH EXONERATED DEFENDANT AND WAS ADMITTED INTO EVIDENCE -- FROM THE JURY ROOM DURING DELIBERATIONS REQUIRES A NEW TRIAL.
THE IMPOSITION OF AN EXTENDED 18-YEAR TERM OF IMPRISONMENT FOR SECOND DEGREE ELUDING, SUBJECT TO AN 85-MONTH PAROLE BAR, CONCURRENT WITH A 10-YEAR TERM FOR THE SECOND-DEGREE ASSAULT WHILE ELUDING, SUBJECT TO AN 85% NERA PAROLE BAR, WAS EXCESSIVE.
We reject these arguments and affirm.
These are the pertinent facts as developed at trial. On March 8, 2006, a South Plainfield police officer on patrol observed a van with two occupants bearing a license plate that reflected the vehicle had been reported stolen. The officer signaled the van to stop. The van initially stopped, and pursuant to the officer's verbal commands, the driver placed his left hand out of the window. The officer observed multiple large rings on the driver's hand. The van then abruptly drove off, and led the initial officer and a ...