On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 08-10-1907.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 27, 2012
Before Judges Parrillo and Hoffman.
Tried by a jury, defendant Bill Alexis was convicted of fourth-degree obstructing the administration of law, N.J.S.A. 2C:29-1, and fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2(a), and was found not guilty of second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b). He was sentenced to probation for a period of three years, with conditions, and mandatory fines and penalties. Defendant appeals both his conviction and sentence.
Defendant raises the following points on appeal:
I. THE VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE (NOT RAISED BELOW).
II. THE FINDING OF GUILT MUST BE REVERSED BECAUSE THE EVIDENCE DOES NOT SUPPORT FINDINGS THAT ALEXIS RESISTED ARREST OR OBSTRUCTED JUSTICE.
III. THE TRIAL JUDGE MISAPPLIED HIS DISCRETION AND SHOULD HAVE PERMITTED THE READ-BACK OF ALL TESTIMONY FROM OFFICER LATELLA AND [OFFICER] QUISH INSTEAD OF ONLY THEIR DIRECT TESTIMONY.
IV. THE TRIAL JUDGE MISAPPLIED THE LAW BY IMPOSING AN EXCESSIVE SENTENCE.
We reject these arguments and affirm.
According to the State's proofs, in the early hours of July 4, 2008, Jersey City Police Officer Jim Latella received information that defendant had a handgun in his possession. Minutes later, Officer Latella, who was in full uniform and driving a marked police car, saw defendant standing on the corner of Kennedy Boulevard and Glenwood Avenue. Defendant was wearing a white t-shirt and blue jeans and was holding his hands over a "large bulge" under his shirt near the waistband of his pants.
When Officer Latella and defendant made eye contact, defendant immediately started to run down the street. At that point, Officer Latella exited his car and ordered defendant to stop. He complied, momentarily, and then continued to run while still holding something under his t-shirt with both hands. Officer Latella radioed for backup and was joined by Officer Roy Quish, who saw defendant, with his hands still holding a large ...