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State of New Jersey v. Jashawn Lindsey

September 25, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JASHAWN LINDSEY, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 09-08-0984.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 19, 2012

Before Judges Reisner and Hoffman.

Defendant Jashawn Lindsey appeals from his conviction for the second-degree offense of employing a juvenile in the distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-6, and associated additional CDS offenses.*fn1 He received an aggregate prison term of five years without parole, the minimum sentence that could be imposed under N.J.S.A. 2C:35-6. On this appeal defendant raises the following points for our consideration:

POINT ONE:

THE TRIAL COURT ERRED BY DENYING DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL ON THE CHARGE OF EMPLOYING A JUVENILE IN A DRUG DISTRIBUTION SCHEME WHICH WAS NOT SUPPORTED BY CREDIBLE EVIDENCE.

POINT TWO: THE TRIAL COURT ERRED IN DENYING DEFENDANT'S REQUEST FOR A NEW TRIAL.

Having reviewed the record, we find no merit in these arguments and we affirm the conviction.

I

As alleged by the State, the incident involved defendant, who was nineteen, and three other individuals, one of whom was a sixteen-year-old girl, K.B. This was the most pertinent evidence. Paterson police officer Louis Pacella testified that, around 7:30 p.m. on February 8, 2009, he and several other officers were conducting narcotics surveillance in the area of Warren Street and Rosa Parks Boulevard. He saw defendant and co-defendant Wilfredo Perea*fn2 walk toward each other on Warren and meet in the middle of the intersection. He observed the two men standing "right in the center of the roadway." Pacelli saw Perea hand defendant "what appeared to be just paper money." Defendant looked at the money, appeared to count it, and "put it in his right pocket." The two men then immediately walked over to the southeastern corner of Warren and Rosa Parks, where they met the female juvenile, K.B., and an adult male, Gyasi Allen.

As Pacelli watched, K.B. handed some "small items" to Allen, who then handed them to Perea. According to Pacelli, defendant did not hand anything to Allen or to K.B., nor did he receive anything from her or Allen. Having observed what they believed to be a drug transaction, the police drove up to the group and exited their car. As the police approached, Perea dropped two small glassine bags of a substance later determined to be heroin. The two bags were retrieved by Pacelli's partner, Officer Macolino. The police detained all of the suspects, and Pacelli began escorting K.B. to a police car. At that point, K.B. began to cry, reached into her pocket, and handed Pacelli thirty glassine bags of heroin.

The police searched defendant and found forty-five dollars in cash but no drugs. None of the other suspects were carrying any money. Nor did any of them have any drugs, other than the two glassine bags Perea dropped and the thirty bags K.B. turned over to Pacelli. Thus it appeared that if defendant, Allen and K.B. were selling drugs, K.B. was holding all of the drugs but defendant was receiving all of the sale proceeds.

Defendant testified that he was arrested because he was in the "wrong place at the wrong time." He lived in the neighborhood near the intersection of Warren and Rosa Parks. On the evening of February 8, 2009, he was wandering aimlessly around the neighborhood when he got a cell phone call from a friend offering to braid his hair. At the time of his arrest, he had just left a liquor store where he had tried to buy rubber bands to secure the braids, and he was walking down Warren Street to the friend's house. As he reached the intersection, he saw the police running toward Perea, Allen and K.B., and he ...


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