STATE OF NEW JERSEY v. FRANCIS J. SWIRSKI

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5183-07T45183-07T4

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

FRANCIS J. SWIRSKI,

Defendant-Appellant.

______________________________________

 

Submitted July 14, 2009 - Decided

Before Judges Fisher and Grall.

On appeal from Superior Court of New

Jersey, Law Division, Monmouth County,

Indictment No. 07-06-1505A.

Clifford E. Lazzaro & Associates, attorneys for appellant (Heather A. Fierro, on the brief).

Anne Milgram, Attorney General, attorney for respondent (Daniel I. Bornstein, Deputy Attorney General, of counsel and on the brief).

PER CURIAM

Defendant Francis J. Swirski pled guilty to receiving stolen property, N.J.S.A. 2C:20-7, a crime of the third degree. In conformity with defendant's plea agreement with the State, the judge sentenced defendant to an eighteen-month term of probation and imposed a $50 VCCB assessment, a $75 LEOTEF assessment, a $30 LEOTEF penalty and a $10 monthly fee for supervision on probation. Pursuant to Rules 3:5-7(d) and 3:28(g), defendant appeals from the denial of his motions to suppress evidence and gain admittance to the Pretrial Intervention Program over the State's objection. We affirm substantially for the reasons stated by Judge Kreizman in his decision on the suppression motion delivered on April 11, 2008 and those stated by Judge DeStefano in his written opinion of February 1, 2008.

Affirmed.

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A-5183-07T4

September 18, 2009