NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 26, 2013
On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 11-02-0467.
Joseph E. Krakora, Public Defender, attorney for appellant (Theresa Yvette Kyles, Assistant Deputy Public Defender, of counsel and on the briefs).
Jeffrey S. Chiesa, Attorney General, attorney for respondent (Brian Uzdavinis, Deputy Attorney General, of counsel and on the brief).
Before Judges Messano and Ostrer.
Defendant Tyree J. Bey appeals from his convictions, after a jury trial, of second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b, and fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3d. He also challenges his sentence of six years, with three years of parole ineligibility on the former conviction. He does not challenge his concurrent term of nine months, with four-and-a-half months of parole ineligibility on the defaced firearm conviction.
Defendant presents the following points for our consideration:
BECAUSE THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THAT DEFENDANT EVER POSSESSED THE FIREARM IN EVIDENCE, THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SET ASIDE THE VERDICT
THE SENTENCE OF SIX YEARS, THREE TO BE SERVED BEFORE PAROLE INELIGIBILITY, IS EXCESSIVE FOR AN ...