PER CURIAM.
On January 8, 2013, a Hudson County Grand Jury returned Indictment No. 13-01-0003, charging defendant Sirheen Walker with one count of fourth degree entering or surreptitiously remaining in a structure, knowing he was not licensed to do so,
On July 10, 2013, a second Hudson County Grand Jury returned Indictment No. 13-07-1438, charging defendant with third degree possession of phencyclidine (PCP),
On January 8, 2014, a third Hudson County Grand Jury returned Indictment No. 14-01-0038, charging defendant
Defendant moved before Judge John A. Young, Jr. to suppress the heroin seized by the Jersey City Police Department that led to his arrest on the charges reflected in Indictment No. 14-01-0038. Judge Young denied defendant's motion after considering the testimony presented at an evidentiary hearing by Sergeant Steven Trowbridge and Officer Ivan Rosario, both veterans of the Jersey City Police Department Narcotics Unit.
Sergeant Trowbridge was the first witness called by the State. He had been a Jersey City Police Officer for twenty-one years, and was a sergeant of the Narcotics Unit since 2007. Trowbridge testified that at approximately 10:30 a.m. on September 20, 2013, he was conducting surveillance on Orient Avenue in an unmarked police car. He described this area of Jersey City as "a very high narcotic area" and "an open-air drug market [that has] been a source of numerous citizen complaints and countless arrests for narcotics violations."
Trowbridge noticed a man on a bicycle stop in front of a particular address on Orient Avenue, call someone using his cellphone, count out currency until he reached a particular amount, and "just remain[] there waiting." Trowbridge remained in his car and continued to watch this individual for approximately six minutes until two men "pulled up" in a car and joined him. The man with the bicycle approached the passenger side of the car, which Trowbridge described as a "silver Mitsubishi." According to Trowbridge:
Trowbridge decided to follow the silver Mitsubishi and radioed his location and direction of travel to other police units. Officer Rosario and his partner found the Mitsubishi and placed their police car in front of it to stop it, while Trowbridge blocked the Mitsubishi from behind. At this point, both unmarked police cars had activated their emergency lights. Rosario approached the occupants of the Mitsubishi from the passenger side, while Rosario's partner approached from the driver side. Rosario identified defendant as the man seated in the passenger side of the Mitsubishi.
Rosario gave the following description of what occurred when he approached the Mitsubishi:
Rosario also testified that he noticed two more bundles of heroin located in the console of the Mitsubishi between the front seats. The police also found two fifty-bag "bricks" of heroin in the right front pocket of the sweatpants defendant was wearing. This contraband was discovered during the search of defendant's person incident to his arrest. One of the "bricks" of heroin was labelled "World Wars"; the other was labelled "Hit Man." The police did not find the man on the bicycle.
Against this record, Judge Young found the motor vehicle stop by the police was constitutionally justifiable. Relying on
Defendant thereafter entered into a negotiated agreement with the State through which he pled guilty to third degree distribution of heroin within 1000 feet of school property under Count Three of Indictment No. 14-01-00038; second degree distribution of PCP under Count Two of Indictment No. 13-07-1438; and fourth degree entering or surreptitiously remaining in a structure, knowing he was not licensed to do so under Indictment No. 13-01-0003.
Under the terms of the plea agreement, the State recommended defendant be sentenced to a term of seven years, with forty-two months of parole ineligibility on the charges related to the possession and distribution of illicit narcotics, and to a concurrent term of eighteen months on the fourth degree offense of knowingly entering a structure without license to do so. On September 5, 2014, Judge Young sentenced defendant in accordance with the plea agreement.
Defendant now appeals raising the following argument:
Our standard of review is well-settled.
Mindful of these guiding principles of appellate jurisprudence, we reject defendant's argument and affirm substantially for the reasons expressed by Judge Young in his well-reasoned oral opinion delivered from the bench on June 9, 2014.
Affirmed.