JERSEY CITY, N.J. – A Hudson County man convicted on weapons charges is appealing his case, arguing that the trial court wrongly denied his motion to suppress evidence obtained during what he says was an illegal traffic stop and unlawful police search.
According to the brief filed April 16, 2025, by the New Jersey Office of the Public Defender, Assistant Deputy Public Defender Alexandra Marek represents the defendant, who is currently incarcerated. The appeal challenges a judgment of conviction entered in the Superior Court, Law Division, Hudson County (Indictment No. 21-08-00685-I) following a jury trial before Judge Angelo Servidio.
In the appellate filing, Marek argues that police officers lacked a “reasonable and articulable suspicion” to stop the vehicle in which the defendant was a passenger and that the ensuing detention, questioning, and search violated the Fourth Amendment and the New Jersey Constitution.
The brief outlines several key points:
- Lack of justification for the stop: The State failed to prove the vehicle had actually committed any traffic infractions sufficient to justify a stop.
- Unlawful prolonging of the stop: Even if the initial stop were valid, officers unlawfully extended it beyond the scope of a routine traffic inquiry.
- Passenger removal: The defendant, as a passenger, was allegedly ordered out of the car without any safety-based justification.
- Attempted pat-down: Officers tried to frisk the defendant without any reasonable suspicion he was armed or dangerous.
- Exclusionary rule: Because the evidence was obtained through unconstitutional conduct, it must be suppressed.
In a second appellate point, the defense claims the Hudson County Prosecutor’s Office engaged in misconduct during summation by making “multiple improper remarks” that deprived the defendant of a fair trial. The brief notes that this issue was not raised during trial but contends the comments were so prejudicial that they warrant reversal under the plain error standard.
The defendant seeks to have his conviction vacated and the evidence suppressed, or, alternatively, to be granted a new trial. The Appellate Division of the New Jersey Superior Court will review whether the trial judge erred in finding the stop, search, and seizure lawful and whether the prosecutor’s comments cumulatively denied the defendant due process.
