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State v. Thompson

Superior Court of New Jersey, Appellate Division

August 5, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
ANTONIO THOMPSON, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 21, 2013

On appeal from Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 08-02-0216.

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

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

Before Judges Harris and Hoffman.

PER CURIAM

Tried by a jury, defendant Antonio Thompson appeals from his conviction of third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10a(1), and first-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5b(3). He also appeals from the imposition of an extended term of imprisonment of thirty years, with fifteen years of parole ineligibility.

On appeal defendant raises the following arguments:

POINT I
THE TRIAL JUDGE ERRED IN FAILING TO GRANT THE MOTIONS TO REVEAL THE CONFIDENTIAL INFORMANT AND TO SUPPRESS THE EVIDENCE. IN BOTH INSTANCES, THE TRIAL JUDGE ABUSED HIS DISCRETION AND DENIED THE DEFENDANT HIS RIGHT TO DUE PROCESS. U.S. CONST. AMENDS. IV, XIV; N.J. CONST. ART. 1, PARA 7.
POINT II
THE STATE'S HYPOTHETICAL AND THE RESULTANT EXPERT OPINION RENDERED USURPED THE JURY'S SINGULAR ROLE IN THE DETERMINATION OF DEFENDANT'S GUILT AND ...

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