STATE OF NEW JERSEY v. ANTHONY B. FORD (17-12-0574, 18-05-0294 AND 19-02-0083, MERCER COUNTY AND STATEWIDE)


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2262-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANTHONY B. FORD, a/k/a ANTHONY FORD, Defendant-Appellant. _______________________ Argued December 8, 2021 – Decided September 9, 2022 Before Judges Gilson and Gooden Brown. On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Indictment Nos. 17-12-0574, 18-05-0294 and 19-02-0083. Alyssa Aiello, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Alyssa Aiello, of counsel and on the briefs). Elizabeth M. Newton, Assistant Prosecutor, argued the cause for respondent (Angelo J. Onofri, Mercer County Prosecutor, attorney; Elizabeth M. Newton, of counsel and on the brief). PER CURIAM After the motion judge denied his motion to suppress evidence seized without a warrant, defendant Anthony Ford entered a negotiated guilty plea to second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1). In accordance with the terms of the plea agreement, defendant was sentenced to five years of imprisonment, with a forty-two-month period of parole ineligibility. Defendant also received two concurrent prison terms of three years each for violating his probation on two unrelated convictions. Pursuant to Rule 3:5-7(d), defendant now appeals the denial of his suppression motion. Based on our review of the record and the applicable legal principles, we affirm. We glean these facts from the testimony of Detective Freddy Jimenez, a member of the Trenton Police Department's Street Crimes Unit and the sole testifying witness at the suppression hearing conducted on June 28, 2019. At approximately 4:00 p.m. on November 18, 2018, the Street Crimes Unit received a tip that defendant was sitting in front of 866 East State Street, a multi- unit residential building, "in possession of a silver and black handgun." The tip came from a confidential informant (CI) who provided the information to a detective in the Mercer County Sheriff's Office. The detective then relayed the A-2262-19 2 tip to the Sergeant of the Street Crimes Unit, who in turn shared the information with the rest of the unit, including Jimenez. After briefly "strategiz[ing]," Jimenez and the rest of the unit, consisting of eight other detectives, headed to 866 East State Street. The unit members traveled in three unmarked police vehicles wearing "street crimes tactical gear," including outer vests with the word "police" inscribed in "bold" "reflective" letters on the front and back and "badges . . . on [their] chest[s]." The vehicles arrived in less than three minutes by exceeding the posted speed limit. Lights and sirens were not activated to avoid "alert[ing] anyone" of their approach. As the unit approached the building, Jimenez, who was seated in a rear driver's-side seat, observed defendant from across the street. Jimenez had known defendant …

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