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State v. Y.W.

Superior Court of New Jersey, Appellate Division

October 30, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
Y.W., a/k/a Y.A.A., Y.A.W., Y.A., Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 1, 2013.

Before Judges Reisner and Carroll.

On appeal from Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 11-03-0310.

Sethi & Mazaheri, L.L.C., attorneys for appellant (Sanjay Sethi, on the brief).

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

PER CURIAM.

After the trial court denied her motions to suppress evidence of a search and to suppress her statements to the police, defendant Y.W.[1] was convicted by a jury of third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10a(1), two counts of fourth-degree child neglect, N.J.S.A. 9:6-1, fourth-degree maintaining a narcotics nuisance, N.J.S.A. 24:21-21a(6), and disorderly-persons marijuana possession, N.J.S.A. 2C:35-10a(4). The jury deadlocked on additional charges concerning weapons possession and CDS possession with intent to distribute. The trial court dismissed those charges with the State's consent on June 25, 2012, and sentenced defendant to four years of probation.

Defendant now appeals from her conviction, raising the following points for our consideration:

POINT I
THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS HER ORAL STATEMENTS TO LAW ENFORCEMENT AS THOSE STATEMENTS WERE A PRODUCT OF A CUSTODIAL INTERROGATION THAT WAS CONDUCTED WITHOUT ADVISING DEFENDANT OF HER MIRANDA RIGHTS.
POINT II
THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS THE EVIDENCE OF CDS AND A HANDGUN.
POINT III
DEFENDANT'S CONVICTION FOR CHILD NEGLECT WENT BEYOND THE WEIGHT OF THE EVIDENCE AND THE JURY FINDING OF GUILT ON THIS CHARGE ...

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