New Jersey CDS Law
<h1> United States of America v. Allen Giltman </h1>
<font color="red"><b><h2><center> Newark, New Jersey criminal defense lawyer represented the Defendant charged with $50 Million Wire And Securities Fraud Scheme </font/color="red"></b></center></i></i><b><center></i><br> <b> </b> California Man Sentenced To 87 Months For Role In $50 Million Wire And Securities Fraud Scheme</h2></center></b></b> </h2></center></b><br> <br> Allen Giltman... More...
$0 (01-24-2025 - NJ)STATE OF NEW JERSEY v. ROBERT L. EVANS
<center><br> <img width="300" src="https://www20.state.nj.us/DOC_Inmate/photo?id=1454838&w=100"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> Officer Felipe Laboy of the Vineland Police Department saw <br> defendant Robert L. Evans drive into and out of a Days Inn <br> parking lot and pursued him in suspicion of criminal trespass. <br> After Laboy pulled Evans over, the off... More...
$0 (01-21-2019 - NJ)STATE OF NEW JERSEY v. EMAN HASSENBEY, a/k/a EMOND HASSENBAY, AMAN A. HASSENBEY, and EMAN A. HASSENBEY
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)STATE OF NEW JERSEY v. TODD DORN <table> <td>
We are called upon to determine whether defendant Todd <br> Dorn’s right to a grand jury presentment under the New Jersey <br> Constitution was violated when the trial court permitted the <br> State, on the eve of trial, to increase the charge in count two <br> of defendant’s indictment from a third-degree to a second-degree <br> 2 <br> <br> drug offense. We are also asked whether it was pro... More...
$0 (04-28-2018 - NJ)STATE OF NEW JERSEY v. JOHN WHITE <table> <td>
Defendant appeals from his convictions of second-degree <br> unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); third-degree <br> NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION <br> 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)STATE OF NEW JERSEY v. RICKY RICHARDSON, a/k/a MARK RICHARDSON <table> <td>
Defendant Ricky Richardson appeals from the denial of his <br> motion to suppress controlled dangerous substances that Detective <br> Keith Walcott of the New Brunswick Police Department found inside <br> an opaque plastic bag defendant allegedly tossed out a window just <br> after police entered the house, in which he was located, to execute <br> an arrest warrant for unrelated individuals. He a... More...
$0 (03-31-2018 - NJ)STATE OF NEW JERSEY v. ARTHUR L. HOYLE, a/k/a SKINNYMAN HOYLE, and ARTHUR HOYLE <table> <td>
Defendant, who was charged with multiple drug offenses, filed <br> numerous pretrial motions, including a motion to suppress evidence <br> obtained from the use of a global positioning system (GPS) tracker <br> and a motion to recuse the trial court judge. After the court <br> denied the motion to suppress and the motion to recuse, defendant <br> pled guilty to first-degree possession with intent... More...
$0 (01-18-2018 - NJ)STATE OF NEW JERSEY v. DION E. ROBINSON (a/k/a QUANTAE MASON ALBERT MITCHELL) <table> <td>
Under federal and New Jersey search-and-seizure <br> jurisprudence, a police officer’s warrantless search of the <br> passenger compartment of a vehicle, following a lawful traffic <br> stop, is a constitutional protective sweep when the <br> circumstances give rise to a reasonable suspicion that a driver <br> or passenger “is dangerous and may gain immediate access to <br> weapons.” State ... More...
$0 (05-01-2017 - NJ)STATE OF NEW JERSEY v. MUJTABAA MUHAMMAD, a/k/a MUSTAFAA MUHAMMAD <table> <td>
After his suppression motion was denied, defendant pled <br> guilty, pursuant to a plea agreement, to three counts in a five<br> count indictment against him, namely Count Three, second-degree <br> possession of a controlled dangerous substance (CDS) with intent <br> to distribute (N.J.S.A. 2C:35-5(b)(2)), Count Four, third-degree <br> possession of a CDS within one thousand feet of school propert... More...
$0 (04-09-2017 - NJ)STATE OF NEW JERSEY v. RONALD ELLERMAN <table> <td>
Defendant was charged in Monmouth County Indictment No. 10<br> 07-1301 with third-degree possession of a controlled dangerous <br> substance (CDS), N.J.S.A. 2C:35-10(a)(3) (Count One); first-degree <br> possession of CDS with intent to distribute, N.J.S.A. 2C:35<br> 5(b)(10)(a) (Count Two); first-degree maintaining or operating a <br> CDS production facility, N.J.S.A. 2C:35-4 (Count Three); third<... More...
$0 (04-09-2017 - NJ)STATE OF NEW JERSEY v. NAADIR I. MUHAMMAD, a/k/a CLAYTON JONES <table> <td>
Defendant was charged by an Atlantic County grand jury with <br> first-degree possession of ten grams or more of a controlled <br> dangerous substance (CDS) with intent to distribute, N.J.S.A. <br> 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(6) (count one); second<br> degree conspiracy to possess ten grams or more of a CDS with intent <br> 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)STATE OF NEW JERSEY v. TIWAN M. FLAGLER, a/k/a TUQAUN ASHLEY <table> <td>
Defendant Tiwan M. Flagler appeals from the denial of his <br> motion to suppress evidence seized after a motor vehicle stop and <br> from his sentence. On appeal, defendant raises the following <br> contentions: <br> <br> 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)STATE OF NEW JERSEY v. JAMES T. PRITCHETT <table> <td>
Defendant entered a guilty plea to one count of third<br> degree possession of heroin, N.J.S.A. 2C:35-10(a)(1), after his <br> motion to suppress evidence seized from his person was denied. <br> We reverse the denial of defendant's motion and his conviction. <br> Two witnesses testified at the suppression hearing, Chief <br> John Pelura and Sergeant Melvin Vanaman of the Salem Police <br> Depar... More...
$0 (04-09-2017 - NJ)STATE OF NEW JERSEY v. WILLIAM R. JOE <table> <td>
In 2010, defendant William R. Joe was arrested in New <br> Jersey and charged with certain narcotics offenses. Before <br> trial, he fled the state and a bench warrant was issued for his <br> arrest. Defendant was subsequently arrested and charged with <br> other crimes in New York State. He did not make bail in New <br> York. <br> Although New Jersey prosecutors lodged an interstate <br> det... More...
$0 (03-07-2017 - NJ)<b>STATE OF NEW JERSEY v. DESHAUN P. WILSON</b>
We are called upon to determine whether the admission into <br> evidence of a map, prepared and adopted by a governmental entity <br> pursuant to N.J.S.A. 2C:35-7.1(e), violates the Confrontation <br> Clause of the Sixth Amendment to the United States Constitution <br> and the analogous New Jersey constitutional provision, which <br> guarantee an accused “the right . . . to be confronted with th... More...
$0 (01-25-2017 - NJ)STATE OF NEW JERSEY v. THEORDORE COPELAND, a/k/a THEODORE J. COPELAND, and JAMES W. WATERS
On October 3, 2012, New Jersey State Troopers Stec, <br> Bartelt, and Lochetto were on patrol in an unmarked car in <br> Camden where they observed Christopher Robb walk southbound <br> towards a house on Eutaw Street and approach defendant who was <br> on the porch of a house. There were between three and five <br> people on the porch. The Troopers had the window down in the <br> idling car, an... More...
$0 (08-30-2016 - NJ)<b>STATE OF NEW JERSEY VS. JAMAR COCKREN </b>
We adopt the essential facts from our previous unpublished <br> decision remanding defendant's PCR petition for an evidentiary <br> hearing: <br> 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)STATE OF NEW JERSEY VS. EDWIN FEBUS
Defendant was charged under Indictment No. 13-07-0909 with <br> third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1) (count <br> one); second-degree possession of CDS with intent to distribute, <br> N.J.S.A. 2C:35-5(a)(1) and (b)(2) (count two); second-degree <br> possession of a firearm during the course of committing a CDS <br> offense, N.J.S.A. 2C:39-4.1(a) (count three); and second-degree <... More...
$0 (07-15-2016 - NJ)STATE OF NEW JERSEY VS. JOHN L. WILLIAMS
A grand jury indicted defendant John L. Williams for <br> second-degree eluding, N.J.S.A. 2C:29-2(b) (count one); fourth<br> degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) <br> (count two); and fourth-degree certain persons not to have <br> weapons, N.J.S.A. 2C:39-7(a) (count three). A jury found <br> defendant guilty on count one and not guilty on count two and <br> the State dismis... More...
$0 (07-15-2016 - NJ)STATE OF NEW JERSEY VS. DORIAN SMITH
On September 25, 2014, Detective Peters of the East Orange <br> Police Department received reliable information from a <br> confidential informant (CI). The CI previously provided <br> reliable information to Peters that resulted in the arrests and <br> convictions of numerous narcotic violators. The CI informed <br> Peters that a black male named Dorian was selling marijuana out <br> of an apar... More...
$0 (07-06-2016 - NJ)STATE OF NEW JERSEY VS. RONALD F. CERUTI
Defendant Ronald F. Ceruti appeals from the denial of his <br> petition for post-conviction relief (PCR) without an evidentiary <br> hearing. On December 16, 2008, defendant pled guilty to two <br> counts of Burlington County Indictment No. 08-06-0687, charging <br> him with third-degree distribution of a controlled dangerous <br> substance (CDS), N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35<br> 5(b... More...
$0 (06-30-2016 - NJ)STATE OF NEW JERSEY v. LIXANDRA HERNANDEZ and JOSE G. SANCHEZ
New Jersey provides a broad range of discovery to an <br> accused in a criminal case under Rule 3:13-3. This open-file <br> approach is intended to ensure fair and just trials. Here, the <br> issue is not whether defendants have a right to discovery of the <br> prosecutor’s file in their case, but whether they have a right <br> to discovery of the files in unrelated cases involving the same <b... More...
$0 (06-29-2016 - NJ)STATE OF NEW JERSEY VS. ALFRED W. COURSEY, III
Defendant Alfred W. Coursey, III, appeals from his <br> conviction for third-degree possession of cocaine, N.J.S.A. <br> 2C:35-10(a)(1). The judgment of conviction was based on <br> defendant's guilty plea, following his indictment for fourth<br> degree possession of marijuana with intent to distribute, <br> N.J.S.A. 2C:35-5(a)(1), -5(b)(12), and third-degree cocaine <br> possession. Defendant wa... More...
$0 (06-07-2016 - NJ)STATE OF NEW JERSEY VS. ALFRED W. COURSEY, III
Defendant Alfred W. Coursey, III, appeals from his <br> conviction for third-degree possession of cocaine, N.J.S.A. <br> 2C:35-10(a)(1). The judgment of conviction was based on <br> defendant's guilty plea, following his indictment for fourth<br> degree possession of marijuana with intent to distribute, <br> N.J.S.A. 2C:35-5(a)(1), -5(b)(12), and third-degree cocaine <br> possession. Defendant wa... More...
$0 (06-07-2016 - NJ)STATE OF NEW JERSEY VS. SAURABH KOTHARI
We discern the salient facts and procedural history from <br> the record. Defendant was born in India, was admitted to the <br> United States in 1998, and is not a citizen of the United <br> States. On October 26, 2010, defendant was charged in various <br> summonses and a warrant with possession of a controlled <br> dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1); <br> manufacturing, distribu... More...
$0 (06-02-2016 - NJ)STATE OF NEW JERSEY VS. ODELL M. ROY
In the early morning hours of March 14, 2012, two officers <br> from the Winslow Township Police Department responded to a <br> report of domestic violence at a residence in Sicklerville. The <br> victim advised she and her husband had argued, that he put his <br> hands around her neck and pushed her on the bed. The police <br> found defendant in the second-floor bedroom. He was on the <br> pho... More...
$0 (05-24-2016 - NJ)STATE OF NEW JERSEY VS. GIUSEPPE PAPARATTO
Defendant Giuseppe Paparatto appeals from the June 27, 2014 <br> order denying his motion to vacate a guilty plea he entered in <br> 2006. Defendant claims he presented a colorable claim of <br> innocence, the motion judge erred in failing to consider his <br> reasons for withdrawing his plea, and the State will not be <br> prejudiced if it had to try the ten-year-old charges. Finding <br> no me... More...
$0 (05-19-2016 - NJ)State of New Jersey v. Richard Willis
In this appeal, we address the admission of other-crime <br> evidence, pursuant to N.J.R.E. 404(b), of an attempted sexual <br> assault that occurred three years before the sexual assault that <br> was the subject of defendant Richard Willis’ trial. The State <br> contended, and the trial court held, that the evidence of the <br> earlier uncharged offense was relevant to defendant’s intent to... More...
$0 (05-14-2016 - NJ)STATE OF NEW JERSEY VS. GERALD M. HARRIS
Defendant Gerald M. Harris appeals the Law Division's order <br> denying his motion to suppress evidence, and the jury verdict <br> finding him guilty of: third-degree distribution of a controlled <br> dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and 2C:35<br> 5(b)(3) (count one); third-degree distribution of a CDS within <br> 1,000 feet of school property, N.J.S.A. 2C:35-7 (count two); <br... More...
$0 (05-08-2016 - NJ)STATE OF NEW JERSEY VS. SIRHEEN WALKER
On January 8, 2013, a Hudson County Grand Jury returned <br> Indictment No. 13-01-0003, charging defendant Sirheen Walker <br> with one count of fourth degree entering or surreptitiously <br> remaining in a structure, knowing he was not licensed to do so, <br> N.J.S.A. 2C:18-3a. <br> On July 10, 2013, a second Hudson County Grand Jury <br> returned Indictment No. 13-07-1438, charging defendant wi... More...
$0 (04-22-2016 - NJ)STATE OF NEW JERSEY VS. JABIR T. TAYLOR
Defendant Jabir T. Taylor, a/k/a Gilbert Jason, appeals <br> from his conviction after entering a conditional guilty plea to <br> one count of third-degree possession of a controlled dangerous <br> substance (CDS), cocaine, N.J.S.A. 2C:35-10(a)(1), and one count <br> of third-degree possession of CDS, heroin, with intent to <br> distribute within 1000 feet of school property, N.J.S.A. 2C:35<br> 5(... More...
$0 (04-16-2016 - NJ)STATE OF NEW JERSEY VS. PETER KLAH
We previously related the facts in detail in our affirmance <br> of defendant's conviction on direct appeal. State v. Klah, No. <br> A-1271-10 (App. Div. June 28, 2012). We briefly summarize them <br> again here. On October 24, 2006, Trenton Police Detective <br> Matthew Przemieniecki and another officer were driving an <br> unmarked police patrol car near the intersection of Monmouth and <br> ... More...
$0 (04-12-2016 - NJ)STATE OF NEW JERSEY VS. DIVINE C. ALLAH
Defendant Divine C. Allah appeals from an April 12, 2013 <br> judgment of conviction entered following a jury trial for third<br> degree possession of a controlled dangerous substance, N.J.S.A. <br> 2C:35-10(a)(1), and challenges, as excessive, the imposed five<br> year imprisonment term, subject to a two-and-one-half-year <br> period of parole ineligibility. On appeal, among other things, <br> ... More...
$0 (04-04-2016 - NJ)STATE OF NEW JERSEY v. OLYMPIA A. WILLIAMS, a/k/a OLIVIA A. WILLIAMS, LIVIY WILLIAMS
Defendant Olympia A. Williams appeals from a conviction for <br> third-degree possession of a counterfeit controlled dangerous <br> substance (CDS) with intent to distribute. N.J.S.A. 2C:35<br> 11(a)(3). She also appeals from the sentence of four years with <br> a two-year parole bar. She raises the following points of argument <br> on this appeal: <br> POINT I <br> THE POLICE LACKED PROBABLE ... More...
$0 (04-01-2016 - NJ)STATE OF NEW JERSEY v. BRIAN S. GUNDY
The State of New Jersey appeals from the Law Division's <br> order admitting defendant Brian S. Gundy into pretrial <br> intervention (PTI) over the prosecutor's objection. We affirm. <br> The facts surrounding defendant's arrest and his <br> application for PTI are generally not in dispute. They can be <br> summarized as follows. <br> A New Jersey State Trooper stopped defendant while he was <b... More...
$0 (04-01-2016 - NJ)STATE OF NEW JERSEY VS. THOMAS L. SCOTT
The State's proofs showed that on the afternoon of November <br> 27, 2012, a Long Branch police detective detained defendant on <br> an unrelated matter. The detective found two small packages in <br> defendant's left pants pocket. The contents of the packages <br> were tested and shown to be 0.618 grams of heroin.1 <br> Defendant's theory at trial was that he did not intend to <br> possess t... More...
$0 (03-22-2016 - NJ)STATE OF NEW JERSEY v. YASIN SIMMS
In State v. Cain, __ N.J. __ (2016), we determined that in <br> drug-distribution cases, an expert’s opinion on the defendant’s <br> state of mind -- whether the defendant possessed drugs with the <br> intent to distribute -- encroaches on the exclusive domain of <br> the jury as trier of fact. After the jury is informed of “the <br> significance of drug packaging and weight, scales and cut... More...
$0 (03-16-2016 - NJ)STATE OF NEW JERSEY v. SCOTT M. CAIN
In State v. Odom, 116 N.J. 65, 80-81 (1989), we held that <br> an expert witness in a drug-distribution case could testify to <br> the ultimate issue of fact -- whether a defendant possessed <br> drugs with the intent to distribute. We cautioned, however, <br> that the expert’s testimony should not amount to a pronouncement <br> of guilt. Allowing an expert to offer an opinion on a <br> defen... More...
$0 (03-16-2016 - NJ)STATE OF NEW JERSEY v. HECTOR FELICIANO (a/k/a HECTOR FELECIANO
This case raises a novel question about the <br> constitutionality of the roving wiretap provision of the State’s <br> wiretap law. As a general rule, law enforcement officials must <br> follow a strict set of procedures and get court approval before <br> they may intercept communications over a telephone facility. <br> Among other requirements, the State must identify in advance the <br> spec... More...
$0 (03-09-2016 - NJ)STATE OF NEW JERSEY v. FRANK CRUZ-VASQUEZ
We derive the following facts from the record. During a <br> narcotics investigation involving numerous individuals, the <br> Camden City police obtained nine wiretap recordings of <br> defendant's telephone conversations with Jessie Morales, wherein <br> defendant and Morales discussed the quantity and price of <br> marijuana defendant would supply to Morales. Defendant was <br> charged in an a... More...
$0 (03-04-2016 - NJ)