State v. Fuhs

After defendant’s motion to suppress evidence was denied, a jury convicted defendant of fourth-degree possession of a controlled dangerous substance (marijuana), N.J.S.A. 2C:S5-10a(3); and third-degree possession of a controlled dangerous substance with intent to distribute it, N.J.S.A. 2C:35-5a(l) and N.J.S.A. 2C:35-5b(ll). Judge Imbriani merged the convictions and sentenced defendant to a three-year period of probation, conditioned upon defendant serving 364 days in the county jail.

On appeal, defendant raises the following points:

Point I—The warrantless use of binoculars in conjunction with…