United States of America v. Allen Giltman

After a judge denied his motion to suppress evidence seized during a warrantless search (Indictment No. 15-03-0237), and his pretrial motions, including an application for a Franks1 hearing, on a second set of charges (Indictment No. 15-06-0448), defendant Eman Hassenbey entered into a plea agreement with the State. In exchange for his guilty pleas to one count of the first indictment, thir... More...    $0 (07-05-2018 - NJ)

We are called upon to determine whether defendant Todd
Dorn’s right to a grand jury presentment under the New Jersey
Constitution was violated when the trial court permitted the
State, on the eve of trial, to increase the charge in count two
of defendant’s indictment from a third-degree to a second-degree
2

drug offense. We are also asked whether it was proper ... More...    $0 (04-28-2018 - NJ)

Defendant appeals from his convictions of second-degree
unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); third-degree
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other ca... More...    $0 (03-31-2018 - NJ)

Defendant Ricky Richardson appeals from the denial of his
motion to suppress controlled dangerous substances that Detective
Keith Walcott of the New Brunswick Police Department found inside
an opaque plastic bag defendant allegedly tossed out a window just
after police entered the house, in which he was located, to execute
an arrest warrant for unrelated individuals. He a... More...    $0 (03-31-2018 - NJ)

Defendant, who was charged with multiple drug offenses, filed
numerous pretrial motions, including a motion to suppress evidence
obtained from the use of a global positioning system (GPS) tracker
and a motion to recuse the trial court judge. After the court
denied the motion to suppress and the motion to recuse, defendant
pled guilty to first-degree possession with intent... More...    $0 (01-18-2018 - NJ)

Under federal and New Jersey search-and-seizure
jurisprudence, a police officer’s warrantless search of the
passenger compartment of a vehicle, following a lawful traffic
stop, is a constitutional protective sweep when the
circumstances give rise to a reasonable suspicion that a driver
or passenger “is dangerous and may gain immediate access to
weapons.” State v. Gam... More...    $0 (05-01-2017 - NJ)

After his suppression motion was denied, defendant pled
guilty, pursuant to a plea agreement, to three counts in a five
count indictment against him, namely Count Three, second-degree
possession of a controlled dangerous substance (CDS) with intent
to distribute (N.J.S.A. 2C:35-5(b)(2)), Count Four, third-degree
possession of a CDS within one thousand feet of school propert... More...    $0 (04-09-2017 - NJ)

Defendant was charged in Monmouth County Indictment No. 10
07-1301 with third-degree possession of a controlled dangerous
substance (CDS), N.J.S.A. 2C:35-10(a)(3) (Count One); first-degree
possession of CDS with intent to distribute, N.J.S.A. 2C:35
5(b)(10)(a) (Count Two); first-degree maintaining or operating a
CDS production facility, N.J.S.A. 2C:35-4 (Count Three); third<... More...    $0 (04-09-2017 - NJ)

Defendant was charged by an Atlantic County grand jury with
first-degree possession of ten grams or more of a controlled
dangerous substance (CDS) with intent to distribute, N.J.S.A.
2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(6) (count one); second
degree conspiracy to possess ten grams or more of a CDS with intent
to distribute, N.J.S.A. 2C:5-2, N.J.S.A. 2C:35-5(a), and N.J.S.A... More...    $0 (04-09-2017 - NJ)

Defendant Tiwan M. Flagler appeals from the denial of his
motion to suppress evidence seized after a motor vehicle stop and
from his sentence. On appeal, defendant raises the following
contentions:

POINT I THE ORDER DENYING THE MOTION TO SUPPRESS SHOULD BE REVERSED AND THE MATTER REMANDED FOR A NEW MOTION HEARING IN FRONT OF A DIFFERENT JUDGE. THE MOTION JUDGE INEXPLICAB... More...    $0 (04-09-2017 - NJ)

Defendant entered a guilty plea to one count of third
degree possession of heroin, N.J.S.A. 2C:35-10(a)(1), after his
motion to suppress evidence seized from his person was denied.
We reverse the denial of defendant's motion and his conviction.
Two witnesses testified at the suppression hearing, Chief
John Pelura and Sergeant Melvin Vanaman of the Salem Police
Depar... More...    $0 (04-09-2017 - NJ)

In 2010, defendant William R. Joe was arrested in New
Jersey and charged with certain narcotics offenses. Before
trial, he fled the state and a bench warrant was issued for his
arrest. Defendant was subsequently arrested and charged with
other crimes in New York State. He did not make bail in New
York.
Although New Jersey prosecutors lodged an interstate
det... More...    $0 (03-07-2017 - NJ)

We are called upon to determine whether the admission into
evidence of a map, prepared and adopted by a governmental entity
pursuant to N.J.S.A. 2C:35-7.1(e), violates the Confrontation
Clause of the Sixth Amendment to the United States Constitution
and the analogous New Jersey constitutional provision, which
guarantee an accused “the right . . . to be confronted with the ... More...    $0 (01-25-2017 - NJ)

On October 3, 2012, New Jersey State Troopers Stec,
Bartelt, and Lochetto were on patrol in an unmarked car in
Camden where they observed Christopher Robb walk southbound
towards a house on Eutaw Street and approach defendant who was
on the porch of a house. There were between three and five
people on the porch. The Troopers had the window down in the
idling car, an... More...    $0 (08-30-2016 - NJ)

We adopt the essential facts from our previous unpublished
decision remanding defendant's PCR petition for an evidentiary
hearing:
The record reveals that, on January 10, 2006, a grand jury issued an indictment charging defendant with third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1); third-degree possession with intent to distribute, N.J.S.A... More...    $0 (08-16-2016 - NJ)

Defendant was charged under Indictment No. 13-07-0909 with
third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1) (count
one); second-degree possession of CDS with intent to distribute,
N.J.S.A. 2C:35-5(a)(1) and (b)(2) (count two); second-degree
possession of a firearm during the course of committing a CDS
offense, N.J.S.A. 2C:39-4.1(a) (count three); and second-degree <... More...    $0 (07-15-2016 - NJ)

A grand jury indicted defendant John L. Williams for
second-degree eluding, N.J.S.A. 2C:29-2(b) (count one); fourth
degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d)
(count two); and fourth-degree certain persons not to have
weapons, N.J.S.A. 2C:39-7(a) (count three). A jury found
defendant guilty on count one and not guilty on count two and
the State dismis... More...    $0 (07-15-2016 - NJ)

On September 25, 2014, Detective Peters of the East Orange
Police Department received reliable information from a
confidential informant (CI). The CI previously provided
reliable information to Peters that resulted in the arrests and
convictions of numerous narcotic violators. The CI informed
Peters that a black male named Dorian was selling marijuana out
of an apar... More...    $0 (07-06-2016 - NJ)

Defendant Ronald F. Ceruti appeals from the denial of his
petition for post-conviction relief (PCR) without an evidentiary
hearing. On December 16, 2008, defendant pled guilty to two
counts of Burlington County Indictment No. 08-06-0687, charging
him with third-degree distribution of a controlled dangerous
substance (CDS), N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35
5(b... More...    $0 (06-30-2016 - NJ)

New Jersey provides a broad range of discovery to an
accused in a criminal case under Rule 3:13-3. This open-file
approach is intended to ensure fair and just trials. Here, the
issue is not whether defendants have a right to discovery of the
prosecutor’s file in their case, but whether they have a right
to discovery of the files in unrelated cases involving the same
... More...    $0 (06-29-2016 - NJ)

Defendant Alfred W. Coursey, III, appeals from his
conviction for third-degree possession of cocaine, N.J.S.A.
2C:35-10(a)(1). The judgment of conviction was based on
defendant's guilty plea, following his indictment for fourth
degree possession of marijuana with intent to distribute,
N.J.S.A. 2C:35-5(a)(1), -5(b)(12), and third-degree cocaine
possession. Defendant wa... More...    $0 (06-07-2016 - NJ)

Defendant Alfred W. Coursey, III, appeals from his
conviction for third-degree possession of cocaine, N.J.S.A.
2C:35-10(a)(1). The judgment of conviction was based on
defendant's guilty plea, following his indictment for fourth
degree possession of marijuana with intent to distribute,
N.J.S.A. 2C:35-5(a)(1), -5(b)(12), and third-degree cocaine
possession. Defendant wa... More...    $0 (06-07-2016 - NJ)

We discern the salient facts and procedural history from
the record. Defendant was born in India, was admitted to the
United States in 1998, and is not a citizen of the United
States. On October 26, 2010, defendant was charged in various
summonses and a warrant with possession of a controlled
dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1);
manufacturing, distribu... More...    $0 (06-02-2016 - NJ)

In the early morning hours of March 14, 2012, two officers
from the Winslow Township Police Department responded to a
report of domestic violence at a residence in Sicklerville. The
victim advised she and her husband had argued, that he put his
hands around her neck and pushed her on the bed. The police
found defendant in the second-floor bedroom. He was on the
pho... More...    $0 (05-24-2016 - NJ)

Defendant Giuseppe Paparatto appeals from the June 27, 2014
order denying his motion to vacate a guilty plea he entered in
2006. Defendant claims he presented a colorable claim of
innocence, the motion judge erred in failing to consider his
reasons for withdrawing his plea, and the State will not be
prejudiced if it had to try the ten-year-old charges. Finding
no me... More...    $0 (05-19-2016 - NJ)

In this appeal, we address the admission of other-crime
evidence, pursuant to N.J.R.E. 404(b), of an attempted sexual
assault that occurred three years before the sexual assault that
was the subject of defendant Richard Willis’ trial. The State
contended, and the trial court held, that the evidence of the
earlier uncharged offense was relevant to defendant’s intent to More...    $0 (05-14-2016 - NJ)

Defendant Gerald M. Harris appeals the Law Division's order
denying his motion to suppress evidence, and the jury verdict
finding him guilty of: third-degree distribution of a controlled
dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and 2C:35
5(b)(3) (count one); third-degree distribution of a CDS within
1,000 feet of school property, N.J.S.A. 2C:35-7 (count two); More...    $0 (05-08-2016 - NJ)

On January 8, 2013, a Hudson County Grand Jury returned
Indictment No. 13-01-0003, charging defendant Sirheen Walker
with one count of fourth degree entering or surreptitiously
remaining in a structure, knowing he was not licensed to do so,
N.J.S.A. 2C:18-3a.
On July 10, 2013, a second Hudson County Grand Jury
returned Indictment No. 13-07-1438, charging defendant wi... More...    $0 (04-22-2016 - NJ)

Defendant Jabir T. Taylor, a/k/a Gilbert Jason, appeals
from his conviction after entering a conditional guilty plea to
one count of third-degree possession of a controlled dangerous
substance (CDS), cocaine, N.J.S.A. 2C:35-10(a)(1), and one count
of third-degree possession of CDS, heroin, with intent to
distribute within 1000 feet of school property, N.J.S.A. 2C:35
5(... More...    $0 (04-16-2016 - NJ)

We previously related the facts in detail in our affirmance
of defendant's conviction on direct appeal. State v. Klah, No.
A-1271-10 (App. Div. June 28, 2012). We briefly summarize them
again here. On October 24, 2006, Trenton Police Detective
Matthew Przemieniecki and another officer were driving an
unmarked police patrol car near the intersection of Monmouth and
... More...    $0 (04-12-2016 - NJ)

Defendant Divine C. Allah appeals from an April 12, 2013
judgment of conviction entered following a jury trial for third
degree possession of a controlled dangerous substance, N.J.S.A.
2C:35-10(a)(1), and challenges, as excessive, the imposed five
year imprisonment term, subject to a two-and-one-half-year
period of parole ineligibility. On appeal, among other things,
... More...    $0 (04-04-2016 - NJ)

Defendant Olympia A. Williams appeals from a conviction for
third-degree possession of a counterfeit controlled dangerous
substance (CDS) with intent to distribute. N.J.S.A. 2C:35
11(a)(3). She also appeals from the sentence of four years with
a two-year parole bar. She raises the following points of argument
on this appeal:
POINT I
THE POLICE LACKED PROBABLE ... More...    $0 (04-01-2016 - NJ)

The State of New Jersey appeals from the Law Division's
order admitting defendant Brian S. Gundy into pretrial
intervention (PTI) over the prosecutor's objection. We affirm.
The facts surrounding defendant's arrest and his
application for PTI are generally not in dispute. They can be
summarized as follows.
A New Jersey State Trooper stopped defendant while he was More...    $0 (04-01-2016 - NJ)

The State's proofs showed that on the afternoon of November
27, 2012, a Long Branch police detective detained defendant on
an unrelated matter. The detective found two small packages in
defendant's left pants pocket. The contents of the packages
were tested and shown to be 0.618 grams of heroin.1
Defendant's theory at trial was that he did not intend to
possess t... More...    $0 (03-22-2016 - NJ)

In State v. Cain, __ N.J. __ (2016), we determined that in
drug-distribution cases, an expert’s opinion on the defendant’s
state of mind -- whether the defendant possessed drugs with the
intent to distribute -- encroaches on the exclusive domain of
the jury as trier of fact. After the jury is informed of “the
significance of drug packaging and weight, scales and cutting <... More...    $0 (03-16-2016 - NJ)

In State v. Odom, 116 N.J. 65, 80-81 (1989), we held that
an expert witness in a drug-distribution case could testify to
the ultimate issue of fact -- whether a defendant possessed
drugs with the intent to distribute. We cautioned, however,
that the expert’s testimony should not amount to a pronouncement
of guilt. Allowing an expert to offer an opinion on a
defenda... More...    $0 (03-16-2016 - NJ)

This case raises a novel question about the
constitutionality of the roving wiretap provision of the State’s
wiretap law. As a general rule, law enforcement officials must
follow a strict set of procedures and get court approval before
they may intercept communications over a telephone facility.
Among other requirements, the State must identify in advance the
specif... More...    $0 (03-09-2016 - NJ)

We derive the following facts from the record. During a
narcotics investigation involving numerous individuals, the
Camden City police obtained nine wiretap recordings of
defendant's telephone conversations with Jessie Morales, wherein
defendant and Morales discussed the quantity and price of
marijuana defendant would supply to Morales. Defendant was
charged in an a... More...    $0 (03-04-2016 - NJ)