State ex rel. C.D.

808 A.2d 123, 354 N.J. Super. 457, 2002 N.J. Super. LEXIS 411
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 21, 2002
StatusPublished
Cited by2 cases

This text of 808 A.2d 123 (State ex rel. C.D.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. C.D., 808 A.2d 123, 354 N.J. Super. 457, 2002 N.J. Super. LEXIS 411 (N.J. Ct. App. 2002).

Opinion

The opinion of the court was delivered by

WELLS, J.A.D.

In these juvenile delinquency cases against C.D. and P.G., the State appeals, upon leave granted, from an interlocutory ruling of the trial court which held that Newark Police Department Forensic Laboratory Certificates of Analysis were in admissable at trial without the production of the laboratory technician who signed the certificates. The judge consolidated the cases for purposes of her consideration and ruling on the admissibility of the certificates, apparently, because the cases arose at the same time and involved the same issue. They are otherwise unrelated.

C.D. and P.G., both juveniles, were arrested within a week of each other and charged in separate juvenile complaints with possession of heroin and cocaine, in violation of N.J.S.A 2C:35-10; possession of the same drugs with intent to distribute, in violation of N.J.S.A 2C:35-5; and possession of the same drugs with intent to distribute within 1000 feet of a school, in violation of N.J.S.A. 20:35-7. P.G., who was arrested with a co-defendant, was also charged with conspiracy, in violation of N.J.S.A 2C:5-2. In both cases, the police seized bags or other containers and a number of smaller glassine envelopes containing suspected narcotics.

These bags, containers, glassine envelopes and their contents were transported to the Newark Police Department Forensic Laboratory for testing. In due course, the laboratory returned to the prosecutor’s office in each case a pre-printed form of sworn [461]*461certificate which, in a check-off format, certified what specimens had been received for testing, the test or tests that had been performed, and the instruments used. The certificate states:

These instrument(s) were routinely serviced and were functioning properly on the date of analysis. My conclusions are based on my results of the above tests. The test procedures used are accurate, reliable, objective in nature, and performed on a routine basis within the laboratory.

Following that statement, the certificate lists the identifying lab number, the weight and kind of drug found by the test and its controlled dangerous schedule number, as set forth in N.J.S.A. 24:21-5 to -8, under four column headings labeled “Lab No.,” “Net Weight,” “Found” and “Sch.” The certificate provides a line for the certifying technician to sign. Additionally, by either checking off or filling in blanks, the technician describes his academic degree, the subject in which that degree was awarded, the college that issued his degree, and the number of occasions he has performed such tests for submission to various courts or other entities and testified before them.

In both of the present cases, the certificates appear regular on their face in form, were completely filled in or checked off appropriately, and bore the technician’s signature and the signature and stamp of a notary public.

On March 4, 2002 and March 6, 2002, by formal notice pursuant to N.J.S.A. 2C:35-19(c), the Essex County Prosecutor notified counsel for the juveniles of his intent to “proffer a Certificate of Chemical Analysis and accompanying reports relating to the analysis in question, in the above captioned matter.” In each case the notice attached a copy of the certificate described above. No accompanying reports were attached. On March 18, 2002, by formal notice captioned “Notice of Objection to Admission into Evidence of Laboratory Certificate Pursuant to 2C:35-19(c),” defense counsel gave notice of his objection to the prosecutor’s proffer. That objection stated:

1. The State has failed to present any evidence regarding the degree of complexity of the tests conducted by the chemist, the relative objectivity or subjectivity of the test results, i.e. the state has failed to include the reports relating to the [462]*462analysis in question. State v. Matulewicz, 101 N.J. 27, 499 A.2d 1363 (1985), State v. Miller, [170] N.J. [417][, 790 A.2d 144] (2002)(A-94-00).
2. The composition, quality or quantity of the substance submitted to the laboratory for analysis will be contested at trial.
3. The juvenile has a right under the “Confrontation Clause” to cross-examine the state chemist at trial. U.S. Const Amend. VI; N.J. Const, art 1 S 10 (1947). State In the Interest of J.H., 244 N.J.Super. 207, 581 A.2d 1347 (App.Div.1990).

We further note that the parties agree that prior to defense counsel’s formal written objection, he indicated verbally on March 13, 2002, at a ease status conference in the presence of the judge, that he intended to object to the State’s proffer of the certificates.

Given this exchange of notices, the judge held two hearings, one in each case, to determine the admissibility of the certificates as she was required to 'do under N.J.S.A. 2C:35-19(c). The State argued that the defense counsel’s notice was beyond the ten day period for objecting under the statute. In addition, the State argued that the certificates were regular on their face in form and content, and therefore, were admissible in evidence. The defense argued that the Certificates omitted the nature or condition of the laboratory equipment. See N.J.S.A 2C:35-19(b). The defense also argued that the State had not established the reliability of the scientific methodology underlying the tests or the conditions of cleanliness in the laboratory and other like factors which might affect the test results.

The judge was clearly troubled by what she perceived as a conflict between two cases decided just before her ruling, State v. Miller, 170 N.J. 417, 790 A.2d 144 (2002) and State v. Simbara, 348 N.J.Super. 213, 791 A.2d 1050 (App.Div.2002), leave to appeal granted, 172 N.J. 174, 796 A.2d 891 (2002). Thus, she first held that N.J.S.A 2C:35-19 is a rule of procedure and not one of evidence. She then stated:

What must also be made clear is that, after the defense objects, N.J.S.A. 2C:35-19 no longer applies. Instead, the laboratory certificates are subject to the Rules of Evidence,’ consistent with the Confrontation Clause of the Sixth Amendment. This is what saves the statute from constitutional infirmity, as discussed in Miller.

The judge then discussed the State’s argument which relied on Simbara. She concluded:

[463]*463This court respectfully disagrees with the Simbara court’s reading of Miller. This court understands Miller to require that after the defense objects to the proffer of a laboratory certificate, the State must either present trial testimony or show at a hearing before trial that the proffered laboratory certificate demonstrates sufficient indicia of reliability and trustworthiness to justify its admission as evidence. A showing that the laboratory certificate conforms to the requirements of N.J.S.A 2C:35-19, by itself, is insufficient to meet that standard.

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Related

State v. Berezansky
899 A.2d 306 (New Jersey Superior Court App Division, 2006)
State v. Simbara
811 A.2d 448 (Supreme Court of New Jersey, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
808 A.2d 123, 354 N.J. Super. 457, 2002 N.J. Super. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cd-njsuperctappdiv-2002.