NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 10, 2013
On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 09-04-0872.
Joseph E. Krakora, Public Defender, attorney for appellant (Diane Toscano, Assistant Deputy Public Defender, of counsel and on the brief).
John J. Hoffman, Acting Attorney General, attorney for respondent (Kenneth Burden,
Deputy Attorney General, of counsel and on the brief).
Before Judges Reisner and Alvarez.
Defendant Sylvanus K. Robbins appeals from his conviction for two counts of unlawful possession of a weapon by a convicted felon, N.J.S.A. 2C:39-7, and several other offenses, and from the aggregate extended term sentence of sixteen years in prison, half to be served without parole. On this appeal, defendant raises the following points of argument for our consideration:
I. THE COURT'S CORRECT DECISION, WHICH FOUND THAT DEFENDANT'S CONSENT TO SEARCH THE VEHICLE WAS NOT VOLUNTARY, LEADS INEXORABLY TO THE CONCLUSION THAT THE WEAPONS SEIZED IN THE SEARCH OF THE MOTEL ROOM, AND DEFENDANT'S STATEMENT, MUST BE SUPPRESSED AS FRUITS OF THE POISONOUS TREE.
II. THE COURT SHOULD HAVE GRANTED DEFENDANT'S MOTION FOR A MISTRIAL BASED ON THE PROSECUTOR'S REFERENCES TO THE IMITATION FIREARM, WHICH THE MOTION COURT HAD ORDERED TO BE SUPPRESSED DURING PRETRIAL MOTIONS.
III. THE IMPROPER ADMISSION OF OFFICER SNUFFER'S TESTIMONY THAT HE HAD ARRESTED DEFENDANT AS A FUGITIVE FROM JUSTICE FROM NORTH CAROLINA WAS HIGHLY PREJUDICIAL AND DENIED DEFENDANT HIS RIGHT TO A FAIR TRIAL. (Raised In Part Below).
IV.THE TRIAL JUDGE FAILED TO INSTRUCT THE JURY AT ALL IN RESPECT OF THE POLICE'S FAILURE TO RECORD ANY SUCH STATEMENTS, AT THE END OF THE CASE, AND, DURING TESTIMONY, ERRONEOUSLY INSTRUCTED THE JURY THAT THERE WAS NO SUCH OBLIGATION, THEREBY DENYING ROBBINS A FAIR TRIAL. (Raised In Part Below).
V. DEFENDANT'S SENTENCE IS SEVERELY EXCESSIVE, PARTICULARLY BECAUSE HIS PRIOR RECORD, REMOTE IN TIME, BARELY QUALIFIED HIM ...