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State v. Cornejo

Superior Court of New Jersey, Appellate Division

June 7, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
ORLANDO CORNEJO, [1] a/k/a EL CHINO, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 27, 2013

On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 10-06-1210.

Joseph E. Krakora, Public Defender, attorney for appellant (Kisha M. Hebbon, Designated Counsel, on the brief).

Jeffrey S. Chiesa, Attorney General, attorney for respondent (Sarah Lichter, Deputy Attorney General, of counsel and on the brief).

Before Judges Simonelli and Accurso.

PER CURIAM

Following a jury trial, defendant Orlando Cornejo was convicted of third-degree possession of a controlled dangerous substance (CDS) (cocaine), N.J.S.A. 2C:35-10a(1) (count one); first-degree possession with intent to distribute a CDS, N.J.S.A. 2C:35-5a(1), -b(1) (count two); and first degree manufacturing, distributing or dispensing a CDS, N.J.S.A. 2C:35-5a(1) (count three). The charges stemmed from an undercover investigation of defendant's involvement in narcotics distribution. During a six-month period, defendant sold over six ounces of cocaine to a police informant.

The trial judge merged counts one and two with count three, and sentenced defendant on count three to a fifteen-year term of imprisonment with seven and one-half years of parole ineligibility. This appeal followed.

On appeal, defendant raises the following contentions:

POINT I: THE TRIAL COURT ABUSED ITS DISCRETION BY NOT GRANTING [DEFENDANT'S] MOTION FOR A MISTRIAL DUE TO JURY MISCONDUCT.
POINT II: [DEFENDANT'S] SENTENCE IS EXCESSIVE AND NOT SUPPORTED BY THE PROPER ASSESSMENT OF AGGRAVATING AND MITIGATING FACTORS.

We reject these contentions ...


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