State v. Brunson

625 A.2d 1085, 132 N.J. 377, 1993 N.J. LEXIS 124
CourtSupreme Court of New Jersey
DecidedJune 15, 1993
StatusPublished
Cited by126 cases

This text of 625 A.2d 1085 (State v. Brunson) 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. Brunson, 625 A.2d 1085, 132 N.J. 377, 1993 N.J. LEXIS 124 (N.J. 1993).

Opinions

The judgment of the Court was announced by

STEIN, J.

N.J.S.A. 2A:81-12 permits the introduction into evidence of a witness’s prior convictions for the purpose of affecting the credibility of that witness. We interpreted that statute in State v. Sands, 76 N.J. 127, 386 A.2d 378 (1978), and concluded that whether a prior conviction may be admitted to impeach a testifying criminal defendant is a decision that rests within the sound discretion of the trial court. In Sands, we set forth broad guidelines for trial courts to follow in deciding whether the probative value of a prior conviction with respect to credibility outweighs the likelihood that its admission will create undue prejudice. Id. at 147, 386 A.2d 378.

[380]*380In this case we consider whether admission into evidence of defendant’s prior convictions for offenses similar to the charged offenses unfairly prejudiced defendant. We also consider whether evidence of prior convictions similar to charged offenses generally should be “sanitized” by limiting the evidence of prior similar-crime convictions so that the jury is not informed of the substantial similarity of the prior crime to the charged crime. Finally, we address defendant’s claim that the State failed to establish an uninterrupted chain of custody sufficient to permit the introduction into evidence of cocaine found at the crime scene.

I

In October 1988, while investigating reports of narcotics activity, Elizabeth Police Department plainclothes detectives Koczur, Shields, and Owsiany observed defendant and an unidentified man in front of a telephone booth. According to Detective Koczur’s testimony, defendant gave the other man a small item in exchange for an amount of money. Detective Shields stopped his unmarked police vehicle, and as Detective Koczur alighted from the vehicle, the unidentified man fled. He was not apprehended.

Detective Koczur approached defendant in what Koczur described as a “casual manner.” Defendant reached into his right pants pocket, turned towards the telephone and, without depositing any money, began dialing. Detective Koczur testified that as he had approached defendant, he had observed that the telephone receiver was “on the hook.” As Koczur continued to approach him, defendant reached into his waistband and removed several glass vials containing a white powdery substance. He dropped the vials to the ground. Detective Koczur immediately informed defendant that he was under arrest. According to Koczur’s testimony, defendant attempted to break away from the detective, and as the two struggled, defendant stepped on the vials, “crushing them and kicking them in all [381]*381directions.” Detectives Shields and Owsiany intervened, and defendant was eventually handcuffed.

Detective Koczur put defendant in the police car while Detectives Shields and Owsiany attempted to scrape off the ground the white powdery substance they believed to be cocaine. The powder was mixed with crushed glass and colored plastic caps. Detective Shields testified that he had used a cigarette box and cellophane tape to collect the remnants of the powder. At police headquarters Detective Koczur completed a property slip for the cigarette box and put his name, the case number, and his initials on the property bag before sealing it. The bag was then placed in the police department safe. Detective Koczur also searched defendant and found in his jacket pocket $160 in twenty-dollar denominations; in his front right pants pocket, a crushed twenty-dollar bill; and in his front left pants pocket another six dollars. Detective Koczur did not find any evidence of narcotics on defendant’s person.

Defendant was indicted for third-degree possession of a controlled dangerous substance, cocaine; third-degree possession of a controlled dangerous substance, cocaine, with intent to distribute; fourth-degree resisting arrest; and fourth-degree hindering apprehension or prosecution.

At a pre-trial hearing, the State indicated that if defendant were to testify, it would offer defendant’s prior convictions to impeach his credibility. In 1987, defendant had pleaded guilty to possession of a controlled dangerous substance, possession of a controlled dangerous substance with intent to distribute, and theft. The trial court, in accordance with our decision in Sands, considered the remoteness and seriousness of the prior convictions. Noting that the predominant criterion of Sands is remoteness, the court stated:

In this particular matter I find that when we look at the main criteria of remoteness, we are talking about a very short period of time. * * *
These particular crimes that the defendant pleaded guilty to involve possession of a controlled dangerous substance as well as a theft charge and they [382]*382certainly, in my opinion are the types of evidence matters that could very well affect credibility * * *.

Over defendant’s objection, the trial court ruled that defendant’s prior convictions would be admissible to impeach defendant’s credibility if he were to testify.

At trial, Detective Koczur testified to the alleged drug transaction and defendant’s subsequent struggle with the detectives. Investigator Jose Martinez of the Union County Narcotics Strike Force, qualified as an expert in drug distribution, testified that the plastic caps retrieved from the sidewalk fit into glass vials that, when filled with cocaine, would sell for twenty dollars. Martinez testified that in his opinion defendant had possessed cocaine with the intent to distribute.

Defendant did not testify at trial. He was advised by counsel that he had a right to testify and that the State could introduce his prior convictions to affect his credibility. He was also informed that he was entitled to have the jury instructed that it could not draw any adverse inference from his silence. Defendant declined such a charge. The sole witness for the defense was defendant’s former girlfriend, Robin Johnson. Ms. Johnson testified that at the time of the alleged transaction, defendant had called her from a pay telephone to discuss their plans to go to the movies that evening. She testified that they had been on the telephone for approximately twenty minutes and that their conversation had ended when the phone had disconnected because defendant was not there to deposit more money.

The jury returned a “guilty” verdict on all counts. For sentencing purposes, the trial court merged the possession and possession-with-intent-to-distribute counts. Pursuant to the State’s motion, the court sentenced defendant to an extended term of six-years imprisonment with a mandatory minimum of three years. N.J.S.A. 2C:43-6f. The court also imposed fines and penalties totaling $1,300.

Defendant appealed, arguing that the trial court should have sanitized the evidence of his prior controlled-dangerous-sub[383]*383stance convictions or, in the alternative, should have excluded them because they were not a reflection of defendant’s lack of veracity.

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Bluebook (online)
625 A.2d 1085, 132 N.J. 377, 1993 N.J. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brunson-nj-1993.