STATE OF NEW JERSEY v. ANTOINE SMITH

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

ANTOINE SMITH,

Defendant-Appellant.

________________________________________________________________

February 5, 2014

Submitted October 29, 2013 Decided

Before Judges Fisher and Espinosa.

On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 09-02-344.

Joseph E. Krakora, Public Defender, attorney for appellant (John Douard, Assistant Deputy Public Defender, of counsel and on the brief).

John J. Hoffman, Acting Attorney General, attorney for respondent (Emily R. Anderson, Deputy Attorney General, of counsel and on the brief).

PER CURIAM

After his motion to suppress evidence was denied and a jury was unable to reach a verdict at trial, defendant entered a guilty plea to one count of unlawful possession of a weapon and was sentenced to time served as a condition of probation. The sole issue he raises in this appeal is that the trial court's credibility finding in the suppression hearing "was so wide of the mark that the interests of justice require appellate intervention, reversing the order denying suppression."

In light of the record here and the principle that substantial deference be paid to the credibility determinations made by the trial judge, State v. Nu ez-Vald z, 200 N.J. 129, 141 (2009); State v. Barone, 147 N.J. 599, 615 (1997), defendant's argument lacks sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2).