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State of New Jersey v. Hakeem Maloney

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 23, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HAKEEM MALONEY, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 07-02-0371.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 10, 2011

Before Judges Parrillo and Skillman.

A jury found defendant guilty together with co-defendants Jamal Laboo and Wayne Moore of possession of cocaine, in violation of N.J.S.A. 2C:35-10(a)(1).*fn1 The trial court granted the State's motion to sentence defendant to an extended term and imposed an eight-year term of imprisonment, with four years of parole ineligibility.

On appeal, defendant presents the following arguments:

POINT I: DEFENDANT WAS DENIED THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

POINT II: THE SENTENCE IMPOSED WAS EXCESSIVE AND NOT IN CONFORMANCE WITH THE CODE OF CRIMINAL JUSTICE.

Defendant's arguments are clearly without merit. R. 2:11- 3(e)(2). We only note that with respect to defendant's first argument that the trial court made it clear before counsel for defendant and his co-defendants presented their motions for judgments of acquittal that it would not be receptive to such a motion with respect to the possession charges because of the strong evidence of commission of that offense. Moreover, when counsel for co-defendant Laboo, who was found in the front seat of the car with defendant, moved to dismiss the possession charge, the court summarily denied the motion. We only note with respect to defendant's second argument that defendant had a substantial criminal record, including prior convictions for hindering his own prosecution; receiving stolen property; possession of a weapon for unlawful purpose; assault; and possession of a controlled dangerous substance within one thousand feet of a school with intent to distribute. Affirmed.


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