STATE OF NEW JERSEY VS. CHRISTOPHER RADEL (16-08-0697, PASSAIC COUNTY AND STATEWIDE) (A-2503-18T3)

 STATE OF NEW JERSEY VS. CHRISTOPHER RADEL (16-08-0697, PASSAIC COUNTY AND STATEWIDE) (A-2503-18T3)

Charged with numerous weapons and drug offenses, defendant moved in the trial court for the suppression of evidence – guns, ammunition, drugs, and drug paraphernalia – seized pursuant to a search warrant based on information police obtained during a warrantless entry into defendant's home. The trial judge denied the suppression motion, finding the police conducted a permissible protective sweep of the home. The court disagreed with the trial judge's application of State v. Davila, 203 N.J. 97 (2010), concluding that the police lacked both a reasonable and articulable suspicion of danger and a legitimate purpose for remaining on the premises, since defendant was arrested outside the home and handcuffed before police conducted the sweep.10/

STATE OF NEW JERSEY VS. JEREMIE FABER (17-036, MONMOUTH COUNTY AND STATEWIDE) (A-5726-17T4)

 STATE OF NEW JERSEY VS. JEREMIE FABER (17-036, MONMOUTH COUNTY AND STATEWIDE) (A-5726-17T4)

Defendant was convicted in municipal court of driving while under the influence of alcohol (DWI), N.J.S.A. 39:4-50(a). In a de novo appeal pursuant to Rule 3:23-8, the Law Division found defendant guilty, but reduced the period of license suspension from nine months to seven months because the municipal court judge improperly relied on defendant's lack of credibility to support a lengthier period of license suspension. In this appeal, defendant argues the Law Division should have vacated his municipal court conviction and remanded the matter for a new trial.

This court also notes the Law Division's failure to follow the standard in State v. Robertson, 228 N.J. 138 (2017) when it stayed the execution of defendant's sentence pending the outcome of this appeal.