State v. Lykes

933 A.2d 1274, 192 N.J. 519, 2007 N.J. LEXIS 1247
CourtSupreme Court of New Jersey
DecidedNovember 5, 2007
StatusPublished
Cited by55 cases

This text of 933 A.2d 1274 (State v. Lykes) 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. Lykes, 933 A.2d 1274, 192 N.J. 519, 2007 N.J. LEXIS 1247 (N.J. 2007).

Opinions

Justice RIVERA-SOTO

delivered the opinion of the Court.

Two plainclothes Jersey City police officers observed defendant Thomas Lykes purchasing what was later determined to be four vials of cocaine from his co-defendant Daniel Veal. Defendant claims that his subsequent trial was tainted in two respects. First, defendant claims he improperly was impeached by the use of a prior conviction for possession of cocaine, the use of which had been deemed too remote and, hence, inadmissible. Second, defendant alleges that the trial court’s response to the jury’s question in respect of defendant’s prior knowledge of cocaine was in error.

Because defendant placed his knowledge as to the contents of the vials directly at issue, N.J.B.E. 404(b) does not bar the limited [522]*522impeachment use of defendant’s admission of having earlier held cocaine vials and that the questions allowed in this area were proper. Also, taken as a whole, the trial court’s response to the jury’s question in respect of defendant’s knowledge as to the contents of the vials — that is, whether it was necessary that the State prove that defendant knew the vials contained cocaine or whether the State’s burden, instead, was that the vials generically contained controlled dangerous substances — was proper. We therefore affirm the judgment of the Appellate Division.

I.

On July 26, 2000, Jersey City police officers Louis Mecka and Roosevelt Cumberbach, dressed in plain clothes and driving an unmarked vehicle, were patrolling an area known for its drug activity. At approximately 8:45 p.m., Mecka and Cumberbach saw defendant approach Veal, who was standing at the corner of Astor Place and Monticello Avenue. The officers observed defendant and Veal engage in a brief conversation, followed by defendant handing money to Veal.

While defendant remained at the corner, Veal walked to a nearby tree, placed several small objects at the base of the tree, and returned to the corner. Defendant then walked to the tree, retrieved what had been left behind by Veal, placed the objects in his pants pocket, and continued walking. Believing a drug transaction had taken place, Mecka and Cumberbach radioed for assistance and, as uniformed officers appeared, Mecka stopped defendant at the next corner. When stopped, defendant reached into his pocket and retrieved four vials containing what was later determined to be cocaine. Defendant was arrested1 and later charged with one count of third-degree possession of a controlled [523]*523dangerous substance (cocaine), in violation of N.J.S.A 2C:35-10(a)(1).

The day before the jury was selected, the State advised the trial court that defendant had two prior convictions that might be used to impeach him: a 1990 conviction for third-degree possession of cocaine, the same crime for which defendant was being tried; and a 2000 conviction for fourth-degree resisting arrest, in violation of N.J.S.A 2C:29-2(a)(2). The trial judge instructed both the prosecution and the defense to confer on the matter and, if necessary, the trial court would conduct a Sands/Brunson hearing.2 The following day, after the jury was selected and sworn, but before opening statements were delivered, the trial court conducted a Sands/Brunson hearing. Acknowledging that “[t]he State offered voluntarily to sanitize the convictions pursuant to [Brunson, supra] and indicated [it] would introduce the date, the degree of the crime for the conviction, and the sentenee[,]” the trial court nevertheless ruled that “the 1990 [cocaine possession] conviction is remote and cannot be used to impeach [defendant’s] credibility” but that “the State may indeed use [defendant’s 2000 resisting arrest conviction] to impeach [defendant’s] credibility and may use it in an unsanitized version since it is not at all like the charge [defendant] is facing today.”

[524]*524Following that determination, the parties presented their opening statements to the jury. Conceding that defendant was observed picking up the vials and had the vials in his possession when arrested, defendant’s opening statement focused on the following:

the important thing about [defendant] is in order to be found guilty of possession of the drug you got to know that it’s a drug.
You have to have knowledge that what you’re picking up is a drug. When my client picked those vials up it could have been a rat poison, it could have been — it could have been anything. It could have been oregano, who knows.
So he didn’t know what was in those vials.
[ (Emphasis supplied).]

The following day, defendant testified and denied having had any conversation with Veal or purchasing any drugs from him. Defendant explained that, while walking along Astor Place, as he “approached the school[, r]ight about the middle of the school I observed four objects ... laying on the ground — from one another, separate.” He testified that “when I got closer I picked — I looked at it, it was four vials.” Defendant demonstrated that the “four vials [were] approximately a foot or two apart from each other in a more or less straight line” and that “[a]s I approached — [I] picked up one, walked down a little further got the other one, walked a little bit further found the third one, walked up — picked up the fourth one.” Defendant then testified on direct examination as follows:

Q. When you picked up these vials did you know what it was that was in them?
A. No. I suspected that it could have been drugs or dangerous substances, rat poison, anything because—
Q. Is this unusual to find drugs lying on the street in this area?
A. Every now and then you would find something like that because sometime or another somebody probably dropped something or you can find empty vials. Possible — syringes, empty marijuana bags all over the street. So that ain’t nothing new especially in that area.
Q. What were you going to do with [the vials]?
A. I was going to take a look at it and walk by the sewer and just throw it by the sewer, down there.
Q. What was the reason why you would do that?
[525]*525A. Because I have children and they also go to public schools and I wouldn’t like them to find any drug substance or anything that looked like drug substance around the school or anything because people does-children does have a curiosity to pick up things.
[ (Emphasis supplied).]

Before commencing her cross-examination of defendant, the prosecutor asked to approach the bench. Once at sidebar, the prosecutor explained that defendant had “testified as to claiming that he doesn’t know what the substance he picked up on the street was[,]” a claim contradicted by defendant’s earlier, but barred, cocaine possession conviction, as well as by his admitted long-term and repeated cocaine use.

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Cite This Page — Counsel Stack

Bluebook (online)
933 A.2d 1274, 192 N.J. 519, 2007 N.J. LEXIS 1247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lykes-nj-2007.