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State v. Gonzalez

Superior Court of New Jersey, Appellate Division

October 25, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
EDUARDO GONZALEZ, Defendant-Appellant

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 18, 2013

On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 10-10-1745.

Tomas Espinosa, attorney for appellant.

John J. Hoffman, Acting Attorney General, attorney for respondent (Teresa A. Blair, Deputy Attorney General, of counsel and on the brief).

Before Judges Fuentes, Simonelli and Haas.

PER CURIAM

Defendant Eduardo Gonzalez owned a discothèque in Union City. He had no license to sell alcoholic beverages at the establishment. While executing a search warrant at the building that housed the discothèque, the Union City police found a large volume of alcoholic beverages and other items that indicated defendant was illegally selling alcoholic beverages. A grand jury indicted for fourth-degree selling alcoholic beverages without a license, N.J.S.A. 33:1-50a;[1] fourth-degree possession of alcoholic beverages with intent to sell without a license, N.J.S.A. 33:1-50b; and fourth-degree possession of paraphernalia to sell alcoholic beverages without a license, N.J.S.A. 33:1-50c. Following a jury trial, defendant was convicted on all counts. On appeal defendant raises the following contentions:

OINT I
THE WARRANT DID NOT INCLUDE IN ITS LANGUAGE THE LIVING QUARTERS OF THE APPELLANT THAT WAS A SEPARATE STRUCTURE.
POINT II
THE SEARCH WENT BEYOND THE SCOPE OF THE WARRANT AND THE OBJECT OBTAINED AS EVIDENCE SHOULD BE [SUPPRESSED] AS FRUIT OF AN ILLEGAL SEARCH.
POINT III
THE COURT BELOW ERRED IN NOT GRANTING THE APPELLANT'S MOTION FOR A ...

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