State v. Adams

943 A.2d 851, 194 N.J. 186, 2008 N.J. LEXIS 144
CourtSupreme Court of New Jersey
DecidedMarch 26, 2008
StatusPublished
Cited by143 cases

This text of 943 A.2d 851 (State v. Adams) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Adams, 943 A.2d 851, 194 N.J. 186, 2008 N.J. LEXIS 144 (N.J. 2008).

Opinions

Justice WALLACE, JR.,

delivered the opinion of the Court.

In these back-to-back appeals, consolidated for the purpose of this opinion, defendants Ibn Adams and James Comer were charged with various offenses arising out of multiple robberies and a homicide. A third defendant, Dexter Harrison, was charged with similar offenses but in a separate indictment. During the criminal investigation, the police engaged in less than optimal out-of-court photograph identification techniques. Following a hearing to test the admissibility of those identifications of defendants, the trial court found the procedures used were unduly suggestive, but nevertheless reliable and therefore admissible. Adams and Comer were tried together before a jury. Harrison, who reached a plea agreement with the State, was a crucial witness for the State in its case against Adams and Comer. Defendants did not request, and the trial court did not give, a specific jury charge that Harrison’s guilty plea could only be considered to assess his credibility and that the jury should carefully scrutinize his testimony in light of his special interest in the case. Adams and Comer were convicted of felony-murder, multiple robberies, and weapons offenses. Although both defendants received lengthy consecutive sentences, no sentence for any charge was beyond the then-presumptive sentence for each offense. The Appellate Division affirmed the convictions and sentences. Defendants petitioned this Court for certification, and we granted the separate [191]*191petitions. State v. Adams, 189 N.J. 650, 917 A.2d 789 (2007); State v. Comer, 191 N.J. 315, 923 A.2d 230 (2007).

We now affirm. We conclude that, similar to the view we expressed in State v. Herrera, 187 N.J. 493, 902 A.2d 177 (2006), these cases do not present a proper record to consider modifying our standards for evaluating the admissibility of out-of-court identifications. Further, on the record presented, we agree with the Appellate Division that there was sufficient credible evidence to affirm the trial court’s decision to admit the identification testimony and that it was not plain error for the trial court to fail to give a cautionary charge on the use of Harrison’s testimony and guilty plea. Lastly, we hold that defendants’ presumptive sentences, imposed prior to our decision in State v. Natale, 184 N.J. 458, 878 A.2d 724 (2005), do not require remands.

I.

A.

Briefly, on April 17, 2000, Adams, Comer, and Harrison stole a car and committed several armed robberies, one of which resulted in the shooting death of George Paul. After the stolen car, a white Honda Civic, ran out of gas, they pushed it to Tullo’s Truck Stop where they eventually were apprehended. A search of the three suspects and the stolen vehicle revealed incriminating evidence of the robberies. The police drove the three suspects to headquarters where Harrison agreed to give a statement. He admitted they had committed two robberies in East Orange and that he had left his car parked on the street. The police obtained a search warrant and searched Harrison’s Nissan, from which they recovered a snatch bar, a bookbag, a pair of boots, and a jacket. Based on Harrison’s statement, Detective John Plaugir drove Harrison back to Tullo’s Truck Stop and retrieved a loaded .25 caliber handgun from the bathroom. During the ensuing investigation, various victims met with the police and identified photographs of [192]*192the perpetrators and various items of personal property that had been taken from them.

Defendants Adams and Comer were indicted for (1) second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 (count one); (2) first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count three); (3) four counts of first-degree robbery, N.J.S.A. 2C:15-1 (counts four, seven, ten, and thirteen); (4) six counts of third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (counts five, eight, eleven, fourteen, seventeen, and eighteen); (5) four counts of possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (counts six, nine, twelve, and fifteen); and (6) third-degree theft, N.J.S.A. 2C:20-3(a) (count sixteen). In addition, Adams was charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count two).

Co-defendant Harrison was indicted separately. He entered into a plea agreement with the State in which he pled guilty to various charges in exchange for a recommended concurrent sentence of twenty years with an eighty-five-percent parole bar. The sentence could be lowered depending on the quality and quantity of Harrison’s testimony against the other defendants.

B.

Prior to trial, Adams and Comer moved to suppress the out-of-court identifications by Dinis Sachdeva, Deru Abernathy, Allyson Atiabóla, and Tassandra Wright. At the suppression hearing, Detective David Montgomery of the Kearny Police Department and Detective Tom Wright of the East Orange Police Department testified on behalf of the State.

Detective Montgomery testified that around 5:20 a.m. on April 18, 2000, Dinis Sachdeva, the gas station attendant, arrived at the police station and gave a statement. When Detective Montgomery showed Sachdeva single Polaroid photographs of the three defendants, Sachdeva immediately identified the photographs of Comer and Harrison, but could not identify Adams. Detective Montgomery testified that he showed Sachdeva individual photo[193]*193graphs of the three men because “[Sachdeva] had just identified them at the scene and we wanted to take a statement from him as to his observations.”

Later that same morning, Detective Montgomery interviewed Tassandra Wright.1 She indicated that her paycheck was stolen from her at gun point. Detective Montgomery showed Tassandra the same single photographs of the suspects he had shown to Sachdeva. Tassandra identified Adams as the man who entered the passenger side of her car and stole her paycheck, Comer as the man who approached the driver’s side window and pointed a handgun at her, and Harrison as the driver of the Honda Civic.

Detective Wright testified that on April 20, 2000, two days after the robbery, he interviewed Deru Abernathy at the East Orange Police Department. Detective Wright said that he displayed fifteen to twenty pictures to Abernathy, one at a time, and told him that “the people in the pictures may be responsible for the robbery that took place against him.” Abernathy identified Adams and Comer as the passengers in the car and Harrison as the driver.

Detective Wright explained that he knew he did not have an appropriate array, but he was unable to locate suitable photos despite contacting four other police departments. He claimed that he was under time constraints to obtain identification from the East Orange victims so that charges could be filed. Detective Wright admitted that he would not have used the assortment of non-suspect photos he showed to Abernathy in a proper array because the men depicted were not similar enough to the suspects. Except for the three photos of defendants that Abernathy selected, Detective Wright testified that he discarded the other photos.

Detective Wright also met with Allyson Atiabóla on April 20, 2000.

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Bluebook (online)
943 A.2d 851, 194 N.J. 186, 2008 N.J. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-adams-nj-2008.