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State v. Summers

Superior Court of New Jersey, Appellate Division

July 19, 2013

STATE OF NEW JERSEY, Plaintiff-Appellant,
v.
LEROY SUMMERS, a/k/a KEVIN BLAKE, Defendant-Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 14, 2013

On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment Nos. 09-03-0388, 09-09-1632, 10-12-1746.

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

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

Before Judges Yannotti and Hoffman.

PER CURIAM

Following the denial of his motion to suppress, defendant Leroy Summers pled guilty to second-degree robbery, N.J.S.A. 2C:15-1. In accordance with his plea agreement, defendant received a discretionary extended term of fourteen years, with a period of parole ineligibility as prescribed by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. As part of the same plea agreement, defendant pled guilty to three other charges[1]under two other indictments, and received a ten-year term, with a five-year parole disqualifier, for each charge, with all sentences to run concurrently. Defendant now appeals, challenging the denial of his suppression motion and also his sentence. For the reasons that follow, we reject defendant's arguments and affirm.

I.

The following facts are derived from the record of the Wade[2]hearing. On the afternoon of June 30, 2010, at approximately 3:40 p.m., H.W., then seventeen years old, was robbed while walking on Handy Street in New Brunswick shortly after cashing her paycheck. The robbery was witnessed by a taxi driver, who immediately called police and reported the crime. The taxi driver indicated that the robber was a black male wearing khaki shorts and a brown baseball cap. The taxi driver further reported that he followed the robber to the intersection of Joyce Kilmer Street and Suydam Street.

Dispatch immediately put out a call to any units in the area, including a description of the robber. New Brunswick Detective Carla Chendak was close by when she heard the call, and arrived in the area within seconds, where she observed and stopped defendant, who matched the description of the robber, in the area of Drift Street and Suydam Street.

When the robbery occurred, Detective Tracey Gayden was also on duty, dressed in plain clothes in an unmarked car. At 3:46 p.m., he heard a radio call that someone had just been robbed on Handy Street, near its intersection with Joyce Kilmer Avenue. As he proceeded to the location, he received another call that someone needed to pick up the victim, who was at the Handy Street Laundromat. Detective Gayden proceeded to pick up H.W., who was still on the phone with dispatch, and crying and shaking. At this time, dispatch reported that a suspect had been detained. According to Detective Gayden,

[H.W.] entered the rear of my vehicle, the backseat of my vehicle, and with the location that dispatch had given I went around the corner to Drift and [Suydam] and she immediately identified an individual standing up against the wall.
I didn't get out of the vehicle, neither did she, but she was adamant and 100 percent sure that the individual standing up against the wall ...

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