On appeal from Superior Court of New Jersey, Law Division, Camden County, Indictment No. 09-12-4094.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 8, 2012
Before Judges Sapp-Peterson and Haas.
Tried before a jury on a one-count indictment, defendant was convicted of third-degree eluding a law enforcement officer while operating a motor vehicle, N.J.S.A. 2C:29-2b. The trial judge sentenced defendant to five years probation, conditioned upon her serving sixty days in the county jail. However, the custodial sentence could be served in any program for which defendant qualified, including home electronic monitoring. Defendant was also assessed appropriate fines and penalties.
On appeal, defendant has raised the following contentions:
THE TRIAL COURT ERRONEOUSLY DENIED DEFENDANT'S MOTION FOR ACQUITTAL.
DEFENDANT'S SENTENCE WAS EXCESSIVE.
After reviewing the record in light of the contentions advanced on appeal, we affirm defendant's conviction and sentence.
The State developed the following proofs at trial. On September 13, 2009, Sergeant Joseph McNally of the Waterford Township Police Department was on patrol. At approximately 1:00 p.m., he was dispatched to a liquor store on the White Horse Pike to investigate a possible assault. He was joined there by a second police officer, Patrolman Timothy Lyons. Both officers were dressed in uniform and were driving marked police vehicles.
At the liquor store, the officers found two women who had been involved in an incident, the nature of which is not clear from the record. Patrolman Lyons spoke to one of the women, who had a child with her. The woman ...