State v. Gadsden

697 A.2d 187, 303 N.J. Super. 491, 1997 N.J. Super. LEXIS 354
CourtNew Jersey Superior Court Appellate Division
DecidedAugust 4, 1997
StatusPublished
Cited by12 cases

This text of 697 A.2d 187 (State v. Gadsden) 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 v. Gadsden, 697 A.2d 187, 303 N.J. Super. 491, 1997 N.J. Super. LEXIS 354 (N.J. Ct. App. 1997).

Opinion

The opinion of the court was delivered by

LOFTUS, J.A.D.

This case involves the issue of whether evidence which was obtained by Hillside police officers during a search incident to an arrest with a warrant in contiguous Newark should have been suppressed because the officers were outside their jurisdictional limits as set forth in N.J.S.A, 40A:14-152. We conclude that the search was not constitutionally infirm and the convictions must stand.

I. Procedural History

On June 22, 1993, the Grand Jury of Union County returned Indictment No. 93-06-00842-1. It charged defendant, Tyrone Gadsden (Gadsden), with the following offenses on February 20, 1993:(1) armed robbery of Regina Nelson, contrary to N.J.S.A. 2C:15-1 (count one); (2) armed robbery of Placidi Ceus, contrary [493]*493to N.J.S.A. 2C:15-1 (count two); (3) armed robbery of Mirlande Ceus, contrary to N.J.S.A. 2C:15-1 (count three); (4) unlawful possession of a handgun without a permit, contrary to N.J.S.A. 2C:39-5b (count four); and (5) possession of a firearm for unlawful purposes, contrary to N.J.S.A. 2C:39-4a (count five).

On July 13, 1993, the Union County Grand Jury returned Indictment No. 93-07-00941-1 which charged defendant, Tyrone Gadsden, with the following offenses on March 20, 1993:(1) armed robbery of Jackes Jacques and/or Jorge Ferreira, contrary to N.J.S.A. 2C:15-1 (count one); (2) possession of a handgun for unlawful purposes, contrary to N.J.S.A. 2C:39-4a (count two); (3) possession of a handgun without a permit, contrary to N.J.S.A. 2C:39-5b (count three); and (4) possession of an imitation firearm for unlawful purposes, contrary to N.J.S.A. 2C:39-4e (count four).

On July 13, 1993, the Union County Grand Jury returned Indictment No. 93-07-00942-1 which charged defendant, Tyrone Gadsden -with the following offenses on April 11, 1993:(1) armed robbery of Michelle Evaristo and/or Angella Edie, contrary to N.J.S.A. 2C:15-1 (count one); (2) possession of a handgun for unlawful purposes, contrary to N.J.S.A. 2C:39-4a (count two); (3) unlawful possession of a handgun without a permit, contrary to N.J.S.A. 2C:39-5b (count three); and (4) possession of an imitation firearm for unlawful purposes, contrary to N.J.S.A. 2C:39-4e (count four).

On September 14, 1993, the Union County Grand Jury returned Indictment No. 93-09-01210-1 against defendant, Tyrone Gadsden, charging him with the following offenses on May 1, 1993:(1) armed robbery of Robert Craft, contrary to N.J.S.A. 2C:15-1 (count one); (2) armed robbery of Yves Exume, contrary to N.J.S.A. 2C:15-1 (count two); (3) armed robbery of Salvatore DeFranco, contrary to N.J.S.A. 2C:15-1 (count three); (4) unlawful possession of a handgun without a permit, contrary to N.J.S.A. 2C:39-5b (count four); and (5) possession of a handgun for unlawful purposes, contrary to N.J.S.A. 2C:39-4a (count five). Gadsden [494]*494pleaded not guilty to the charges and various pre-trial motions were heard.

At the motion to suppress, Gadsden contended that all evidence which had been seized during his arrest should be suppressed because he was arrested by the Hillside police outside of their jurisdiction in violation of N.J.S.A. 40A:14 — 152. The evidence included his and co-defendant Vernon Harris’ statements to police, reports relating' to the seizure of his vehicle,' surveillance and investigation results of Gadsden and Harris, as well as fingerprint and photographic identifications of Gadsden and Harris.

The judge denied Gadsden’s request for a Wade hearing because he did not meet the preliminary criteria of impermissible suggestiveness under State v. Ortiz, 208 N.J.Super. 518, 522, 497 A.2d 552 (App.Div.), certif. denied, 102 N.J. 335, 508 A.2d 212 (1985). After a Miranda hearing, the judge ruled that Gadsden’s statement of May 5, 1993, to Union Township police was admissible. The judge also denied the motion to suppress.

Gadsden then retracted his pleas of not guilty and entered pleas of guilty to the following crimes: (1) counts one, two and three of Union County Indictment Number 93-06-00842-1, charging armed robbery- of Regina Nelson, Placide Ceus, and Mirlande Ceus; (2) count one of Union County Indictment Number 93-07-00941-1, charging armed robbery of Jadees Jacques and/or Jorge Ferreira; (3) count one of Union County Indictment Number 93-07-009421, charging armed robbery of Michelle Evaristo and/or Angella Edie; and (4) counts one, two and three of Union County Indictment Number 93-09-1210-1, charging armed robbery of Robert Craft, Yves Exume and Salvatore DeFranco. Defendant entered a conditional plea pursuant to R. 3:9-3(f), preserving his right to appeal from the adverse decision on the Miranda hearing and the'motion to suppress.

In exchange for his pleas of guilty, the State agreed to dismiss all other counts of the four indictments, and to recommend an aggregate sentence of twenty-five years with a twelve-year parole disqualification which was to run concurrently with any parole [495]*495violation. Gadsden also agreed to testify truthfully against Vernon Harris at trial.

Gadsden was sentenced to an aggregate term of twenty-five years with a twelve-year parole ineligibility term on Indictments Number 93-07-00941-1, 93-07-00942-1, 93-06-00842-1 and 93-09-01210-1. All sentences were to run concurrently with each other. A $50 V.C.C.B. penalty was imposed on each of the eight robbery counts for a total of $400. As a condition of the sentence, Gadsden agreed to testify truthfully against co-defendant Vernon Harris. Defendant was given 404 days jail credit. All remaining counts of the indictments were dismissed. Gadsden appeals.

On appeal, he contends:

POINT I
THE TRIAL COURT ERRED IN FINDING THAT DEFENDANT HAD NOT BEEN ILLEGALLY ARRESTED; CONSEQUENTLY, ALL EVIDENCE OBTAINED AS A RESULT OF THE ARREST SHOULD HAVE BEEN SUPPRESSED. U.S. CONST., AMEND.IV; N.J. CONST., (1947) ART. 1, PARA 7.
POINT II
THE TRIAL COURT ERRED IN ADMITTING DEFENDANT’S IN-CUSTODY STATEMENT TO UNION POLICE IN VIOLATION OF THE REQUIREMENTS OF MIRANDA V. ARIZONA THE UNITED STATES CONSTITUTION AND NEW JERSEY COMMON LAW. U.S. CONST., AMEND. V. AND XIV.
POINT III
DEFENDANT’S SENTENCE IS EXCESSIVE AND SHOULD BE REDUCED ON APPEAL.

For the reasons set forth in the following opinion, we conclude that these contentions are non-meritorious. We affirm.

II. Statement of Facts

Both the State and the defense agree that the following statement of facts is an accurate representation of the testimony elicited at the motion to suppress. They also agree that the following findings of fact and conclusions of law are accurate with regard to the motion to suppress. The State only disputes Gadsden’s contention that his arrest was illegal.

[496]*496A. Motion to Suppress

On January 3, 1993, Gadsden’s motion to suppress all evidence obtained due to his illegal arrest was heard by Judge Spatola.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of New Jersey v. Ricky A. Galloway
New Jersey Superior Court App Division, 2025
State of New Jersey v. Yonathan Z. Seligman
New Jersey Superior Court App Division, 2025
State of New Jersey v. Travis M. Flood
New Jersey Superior Court App Division, 2024
State of New Jersey v. Julian B. Hamlett
155 A.3d 1038 (New Jersey Superior Court App Division, 2017)
State v. Hai Kim Nguyen
17 A.3d 256 (New Jersey Superior Court App Division, 2011)
State v. Broom-Smith
967 A.2d 359 (New Jersey Superior Court App Division, 2009)
State v. Ruffin
853 A.2d 311 (New Jersey Superior Court App Division, 2004)
People v. Nieto
192 Misc. 2d 537 (New York Supreme Court, 2002)
State v. Barker
990 P.2d 438 (Court of Appeals of Washington, 1999)
State v. White
702 A.2d 514 (New Jersey Superior Court App Division, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
697 A.2d 187, 303 N.J. Super. 491, 1997 N.J. Super. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gadsden-njsuperctappdiv-1997.