On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 08-01-0111.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 5, 2011
Before Judges Fuentes and Nugent.
Following his unsuccessful attempt to suppress a gun and dum-dum bullets seized by police from the jacket he discarded while police were chasing him, defendant Carlton Ingram proceeded to trial. On January 16, 2009, a jury convicted him of third degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5b (count one),*fn1 and fourth degree unlawful possession of dum-dum bullets, N.J.S.A. 2C:39-3f (count two). The jury acquitted defendant of fourth degree resisting arrest by flight, N.J.S.A. 2C:29-2a (count three). After the jury returned its verdict, defendant waived a jury trial on second degree certain persons not to have weapons, N.J.S.A. 2C:39-7b (count four), and the trial judge convicted him on that charge.
The judge sentenced defendant on March 6, 2009, to an extended prison term of twelve years, with six years of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on count four. The judge also sentenced defendant to a term of five years imprisonment on count one, and eighteen months on count two, those sentences to run concurrently with the sentence on court four. The judge imposed appropriate fines and penalties.
On appeal, defendant raises four points:
POINT I THE TRIAL JUDGE ERRED IN DENYING
THE MOTION TO SUPPRESS AS THE STATE FAILED TO ESTABLISH A "SIGNIFICANT ATTENUATION" BETWEEN THE UNCONSTITUTIONAL STOP OF DEFENDANT AND THE SEIZURE OF THE WEAPON HE DISCARDED AS A RESULT OF THAT STOP. U.S. CONST. AMENDS. IV, XIV; N.J. CONST. (1947) ART. I, PAR. 7.
POINT II THE TRIAL COURT FAILED TO
ADEQUATELY RESPOND TO A SPECIFIC JURY QUESTION DURING DELIBERATIONS THEREBY DEPRIVING THE DEFENDANT OF A FAIR TRIAL. U.S. CONST. AMENDS. IV, XIV; N.J. CONST. (1947) ART. I, PAR. 7. (Not Raised Below)
POINT III THE TRIAL JUDGE'S REQUIREMENT
THAT THE DEFENDANT ADMIT GUILT AT SENTENCING VIOLATED DEFENDANT'S RIGHTS. U.S. CONST. AMENDS. IV, XIV; N.J. CONST. (1947) ART. I, PAR. 7. (Not Raised Below)
POINT IV THE SENTENCE IMPOSED WAS
EXCESSIVE, REQUIRING REDUCTION. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. (1947) ART. I, PARS. 1, 9, 10.