Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of New Jersey v. Aaron Lambert

October 16, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
AARON LAMBERT, A/K/A AARON I. LAMBERT, AARON JORDON, AARON JORDAN, AARON I. JORDANLAMBERT, AND AARON JORSON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 08-07-2144.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 12, 2012

Before Judges Simonelli and Koblitz.

Following a jury trial, defendant Aaron Lambert was convicted of second-degree conspiracy to possess with intent to distribute a controlled dangerous substance (CDS), N.J.S.A. 2C:5-2 (count one); third-degree possession of a CDS, N.J.S.A. 2C:35-10a(1) (count two); third-degree possession with intent to distribute a CDS in a quantity less than one-half ounce, N.J.S.A. 2C:35-5b(3) (count three); third-degree possession with intent to distribute a CDS within a school zone, N.J.S.A. 2C:35-7 (count four); second-degree possession with intent to distribute a CDS while in, on, or within 500 feet of the real property comprising a public housing facility, a public park, or a public building, N.J.S.A. 2C:35-7.1 (count five); fourth-degree possession with intent to distribute drug paraphernalia, N.J.S.A. 2C:36-3 (count six); second-degree unlawful possession of a weapon (handgun), N.J.S.A. 2C:39-5b (count seven); third-degree unlawful possession of a weapon (loaded rifle), N.J.S.A. 2C:39-5c(2) (count eight); fourth-degree unlawful possession of a defaced firearm, N.J.S.A. 2C:39-3d (count nine); and second-degree possession of a firearm while in the course of committing, attempting to commit or conspiring to commit a violation of N.J.S.A. 2C:35-5 and/or N.J.S.A. 2C:35-7.1, N.J.S.A. 2C:39-4.1a (count eleven).*fn1

The trial judge imposed an aggregate eleven-year term of imprisonment with a six-year period of parole ineligibility, and imposed the appropriate fines and penalties.

On appeal, defendant raises the following contentions:

POINT I

THE DEFENDANT'S RIGHT TO A FAIR TRIAL, AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR[.] 1 OF THE NEW JERSEY CONSTITUTION, AND THE PUBLIC'S INTEREST IN AN ACCURATE VERDICT WERE INFRINGED BY THE FAILURE TO PRESENT ADMISSIBLE EXCULPATORY EVIDENCE TO THE JURY. (Not Raised Below)

POINT II

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE OMISSION OF AN INSTRUCTION ON THE LAW OF IDENTIFICATION NOTWITHSTANDING A MISIDENTIFICATION DEFENSE. (Not Raised Below)

POINT III

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND

ART. 1, PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE OMISSION OF AN INSTRUCTION ON THE LAW OF ALIBI NOTWITHSTANDING THE ADMISSION OF ALIBI TESTIMONY AT TRIAL. (Not Raised Below)

POINT IV

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE ERRONEOUS, INCOMPLETE, AND PREJUDICIAL INSTRUCTION ON THE LAW OF ACCOMPLICE LIABILITY. (Not Raised Below)

POINT V

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE TRIAL COURT'S ERRONEOUS INSTRUCTIONS ON THE LAW OF CONSTRUCTIVE POSSESSION. (Not Raised Below)

POINT VI

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE TRIAL COURT'S ERRONEOUS AND INCOMPLETE INSTRUCTIONS ON THE LAW OF INTENT TO DISTRIBUTE CDS WITHIN 500 FEET OF A PUBLIC HOUSING PROJECT. (Not Raised Below)

POINT VII

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR. 1 OF THE NEW JERSEY CONSTITUTION, AND HIS RIGHT TO BE FREE FROM SELF-INCRIMINATION AS GUARANTEED BY THE FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND NEW JERSEY COMMON LAW WERE VIOLATED WHEN THE TRIAL COURT IMPROPERLY SHIFTED THE BURDEN OF PROOF TO THE DEFENDANT TO SHOW THAT HE DISAPPROVED OR OPPOSED THE CRIMINAL ACTS. (Not Raised Below) POINT VIII

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE TRIAL COURT'S FAILURE TO EXPLAIN THE LAW IN THE CONTEXT OF THE FACTS OF THE CASE. (Not Raised Below)

POINT IX

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE ADMISSION OF UNDULY SUGGESTIVE IDENTIFICATION EVIDENCE. (Not Raised Below)

POINT X

THE DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL ON THE WEAPON CHARGES SHOULD HAVE BEEN GRANTED.

POINT XI

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE TRIAL COURT'S FAILURE TO GRANT THE DEFENDANT'S MOTION FOR A MISTRIAL. POINT XII

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.