NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted August 14, 2013
On appeal from Superior Court of New Jersey, Law Division, Camden County, Indictment No. 11-10-2241.
Joseph E. Krakora, Public Defender, attorney for appellant (Stefan Van Jura, Assistant Deputy Public Defender, of counsel and on the brief).
John J. Hoffman, Acting Attorney General, attorney for respondent (Michael J. Williams, Deputy Attorney General, of counsel and on the brief).
Before Judges Koblitz and Accurso.
Defendant Carlos Mansanet appeals from the denial of his motion to suppress the handgun found in his pocket as well as his subsequent conviction after a guilty plea to second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). He also argues that his sentence of six years with a five-year parole disqualifier was excessive. We affirm.
The testimony at the motion to suppress reveals the following facts. Camden Police Detective John Gramaglia received a telephone call on a hot ninety-degree spring day from a confidential informant who Det. Gramaglia had worked with seven or eight times before. The informant had provided reliable information regarding drugs, weapons and shootings in the past. The informant stated that a black male wearing an orange "hoodie" was outside the Northgate One apartments in possession of a handgun. Det. Gramaglia related the tip to the police dispatcher, who broadcasted it to the officers on the street.
Officer Bernardo Segarra responded to the area and saw defendant, a tall, dark-skinned black male who "matched the description to a tee [sic]" exit a stairwell and begin walking away from the officer. Officer Segarra noted that an orange "hoodie" was an unusual color to be worn in Camden. Segarra patted defendant down, including "his right pocket which was where the description of where the gun was located was given[, ]" finding a revolver. The police report indicates that the gun was loaded.
The motion judge found both officers to be credible and denied defendant's motion to suppress the gun. Defendant subsequently pled guilty to count two of two-count Camden County Indictment No. 11-10-2241. This was defendant's tenth indictable conviction.
On appeal defendant raises the following issues:
POINT I: THE STATE ADDUCED INSUFFICIENT FACTS FROM WHICH THE LOWER COURT COULD REASONABLY FIND THAT THE POLICE HAD A REASONABLE AND ARTICULABLE SUSPICION THAT DEFENDANT WAS PRESENTLY ARMED AND DANGEROUS; AND BECAUSE SUCH A FINDING WAS NECESSARY TO VALIDATE THE STOP AND ...