GOSHEN – An appeal of a Middletown man’s felony drug conviction based on his guilty plea, has been affirmed by the Appellate Division of State Supreme Court.
Jmin Ward argued that physical evidence recovered from his residence and a statement he made to law enforcement officials should have been suppressed.
Ward maintained that the search warrant was invalid because while some members of the Orange County Sheriff’s Office Special Operations Group were police officers, some were corrections officers.
During the search of his Middletown home, city police discovered cocaine, marijuana, drug packaging materials and cash.
The appellate court rules all of the personnel who participated in the warrant search were acting as law enforcement.
Ward also argued that a statement he made to police should have been suppressed, but the court said it was spontaneous and “[was] not triggered by any police questioning or other conduct which reasonably could have been expected to elicit a declaration from him.”
In Orange County Court in March, 2018, Ward was sentenced to 12 years in state prison and five years of post-release supervision.
