Jason Vanderee wants the Appellate court to review his 30-year sentence.
asked the Appellate division to reconsider both his sentence and the admissibility of evidence obtained by Wayne police that he was using drugs on the morning of Feb. 19, 2019, when he collided with another vehicle and then crashed into the Delta station on Route 23, killing Jon Warbeck, 50, his son, Luke, 17, and the attendant, Lovedeep Fatra, 22.
Now comes the appeal filed by the NJ State Office of the Public Defender, a copy of which was obtained by NJ Advance Media. In it, Vanderee argues that Wayne police should have gotten a warrant before they searched his clothes in the emergency room of St. Joseph’s hospital, where he was being treated for a drug overdose an hour after the crash.
Vanderee’s attorney, John Bruno, sought to suppress the drug evidence during pre-trial motions. The prosecution countered that the warrantless search was legal, in that it was conducted “incident to the arrest” a procedure that allows cops to search a suspect for weapons or concealed evidence when they’re about to take someone into custody.
“Although Vanderee struggled with addiction since he was a teenager, he was able to achieve and maintain sobriety while incarcerated the three years before he was sentenced in this case,” Assistant Public Defender Taylor Napolitano said in the brief. “Because the court failed to afford this non-statutory mitigating factor significant weight and inappropriately used his substance abuse as an aggravating factor … this Court must remand for sentencing,” she wrote.
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