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State v. Thompson

Superior Court of New Jersey, Appellate Division

July 15, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
BYRON THOMPSON, a/k/a SEAN JONES, BRYANT THOMAS, TROY THOMAS, BRYANT THOMPSON, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 11, 2013

On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 08-07-0706.

Joseph E. Krakora, Public Defender, attorney for appellant (Brian Plunkett, Assistant Deputy Public Defender, of counsel and on the brief).

Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh, Assistant Prosecutor, of counsel and on the brief).

Before Judges Fasciale and Maven.

PER CURIAM

Defendant Byron Thompson appeals his conviction for first-degree possession of a controlled dangerous substance (CDS) and possession with intent to distribute CDS. The sole issue on appeal is whether the judge erred by denying defendant's motion to suppress. We affirm.

I.

On July 31, 2008, a Mercer County Grand Jury charged defendant with third-degree possession of a CDS, N.J.S.A. 2C:35-10(a)(1) (count one); first-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(6) (count two); third-degree possession of a CDS with the intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(6) (count three); and second-degree possession of a CDS with intent to distribute within 500 feet of a public facility, N.J.S.A. 2C:35-7.1, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(6) (count four).

On June 21, 2010, defendant entered a negotiated plea of guilty to count two of the indictment, charging him with first-degree possession of a CDS with the intent to distribute. At the time of his plea, defendant reserved the right to appeal the denial of his motion for recusal, as well as motions to suppress evidence and his statement during arrest. At sentencing, the court imposed the recommended term of seventeen years imprisonment with a sixty-six-month parole ineligibility period, and dismissed the remaining counts of the indictment.

II.

Pertinent to this appeal, on January 7, 2008, the Honorable Maryann K. Bielamowicz, J.S.C., issued a warrant to search a semi-attached row house in Trenton, New Jersey, where defendant lived with his girlfriend and their young child. Specifically, the warrant authorized the search for evidence of the CDS phencyclidine (PCP), its associated paraphernalia, and any evidence of its distribution, including scales, packaging materials ...


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