SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2359-19

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

ANDREW M. BRIGHT-BAILEY,

a/k/a ANDREW BRIGHT and

ANDREW BAILEY,

Defendant-Appellant.

_____________________________

Submitted April 12, 2021 – Decided May 3, 2021

Before Judges Fasciale and Rothstadt.

On appeal from the Superior Court of New Jersey, Law 

Division, Camden County, Indictment No. 19-09-2196.

Joseph E. Krakora, Public Defender, attorney for 

appellant (Daniel S. Rockoff, Assistant Deputy Public 

Defender, of counsel and on the brief).

Gurbir S. Grewal, Attorney General, attorney for 

respondent (Catlin A. Davis, Deputy Attorney General, 

of counsel and on the brief).

PER CURIAM 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the 

internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
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A-2359-19

After pleading guilty, defendant appeals from his conviction for seconddegree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1).

1

 He primarily 

challenges an order denying his motion to suppress his statements to police. The 

judge determined that defendant knowingly, intelligently, and voluntarily 

waived his Miranda2rights based on the totality of the circumstances, including 

his age, prior criminal history, conduct and demeanor during the interrogation. 

We affirm. 

Defendant and his girlfriend co-defendant attempted to rob a man in 

Cherry Hill Township by threatening him with a knife. The next day, 

Philadelphia police pulled over defendant in a vehicle, which they later 

discovered was stolen. Defendant fled on foot, but police eventually captured 

him. Cherry Hill Detectives Sorrentino, Daniello, and Weist traveled to 

1

 A Camden County Grand Jury returned Indictment Number 19-09-02196, 

charging defendant with eight counts: first-degree carjacking, N.J.S.A. 2C:15-

2(a)(2); second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2; seconddegree conspiracy to commit robbery, N.J.S.A. 2C:15-1(a)(2); first-degree armed 

robbery, N.J.S.A. 2C:15-1(a)(2); third-degree theft of an automobile, N.J.S.A. 

2C:20-3(a); third-degree theft by unlawful taking, N.J.S.A. 2C:20-3(a); third-degree 

possession of a knife for an unlawful purpose, N.J.S.A. 2C:39-4(d); and fourthdegree possession of a weapon, N.J.S.A. 2C:39-5(d).

2

 Miranda v. Arizona, 384 U.S. 463 (1966).
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Philadelphia later that day to interview defendant but did so after Philadelphia 

police spoke to him. 

A Philadelphia detective spoke to defendant first, advised him of his 

rights, and asked him to read a card used by Philadelphia Police Officers 

(Philadelphia Card) which set forth his rights. The front of the Philadelphia 

Card states that the detectives "have a duty to explain to [defendant] and to warn 

[defendant] that [he] ha[s] the following legal rights," including:

A. You have the right to remain silent and do not have 

to say anything at all.

B. Anything you say can and will be used against you 

in court.

C. You have a right to talk to a lawyer of your choice 

before we ask you any questions, and also to have a 

lawyer here with you while we ask questions.

D. If you cannot afford to hire a lawyer, and you want 

one, we will see that you have one provided to you free 

of charge before we ask you any questions.

E. If you are willing to give us a statement, you have a 

right to stop at any time you wish.

On the back of the card, it lists "questions to be answered by accused," including:

1. Do you understand that you have the right to keep 

quiet and do not have to say anything at all?

2. Do you understand that anything you say can and will 

be used against you?
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3. Do you want to remain silent?

4. Do you understand that you have a right to talk with 

a lawyer before we ask you any questions?

5. Do you understand that if you cannot afford to hire a 

lawyer, and you want one, we will not ask you any 

questions until a lawyer is appointed for you free of 

charge?

6. Do you want either to talk to a lawyer at this time, or

to have a lawyer with you while we ask you questions?

7. Are you willing to answer questions of your own free 

will, without force or fear, and without any threats or 

promises having been made to you?

Defendant read both sides of the Philadelphia Card and signed the back of the 

form.3 The Philadelphia detective confirmed that defendant was able to read 

and understand the card and reiterated that the detectives were going to discuss 

the carjacking charge with him.

Shortly after, the three Cherry Hill detectives entered the room. They 

interrogated defendant for "around [forty-five] minutes" while he was 

handcuffed and not free to leave. Detective Daniello began the interview by 

advising defendant of his Miranda rights. He read the Cherry Hill Notification 

3

 The State noted that "a copy of the front of defendant's [Philadelphia card] is 

unavailable," but that police provided both he and his co-defendant the same 

card, and the judge reviewed both sides of the card during the hearing. 
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of Rights form (Cherry Hill Form) to defendant. The Camden County Police 

Department prepared a transcript of the questioning:

[DET. DANIELLO]: I have to advise you. You have 

the right to remain silent. . . . [Y]ou have the right to 

have legal coun[sel] with you before you say or do 

anything. Anything that you[] do or say can be held 

against you, if you don't have proper funds to hire an 

attorney one will be appointed on your behalf, and you 

have the continuing opportunity to exercise those rights 

at any time. Do you understand that?

[DEFENDANT]: Yes sir.

[DET. DANIELLO]: Okay. Um, are you willing to 

speak with us right now?

[DEFENDANT]: Yes sir. Of course.

[DET. DANIELLO]: Without having an attorney? 

Okay. Do me a favor. Left[-]handed?

[DEFENDANT]: Yes sir.

When Detective Daniello asked defendant if he would like to speak with the 

detectives, defendant said "[y]es sir. Of course" before Detective Daniello could 

finish his question "without having an attorney?" After Detective Daniello 

finished his question, defendant did not say anything before the detective moved 

on. Defendant did not say he wished to have an attorney present. Detective 

Daniello marked the Cherry Hill Form according to defendant's responses, 

checking "yes" to the questions "[d]o you understand your rights, as I have 
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explained them?" and "[a]re you willing to talk with officers without consulting 

a lawyer, or having a lawyer present with you?" He then presented the Cherry 

Hill Form to defendant, who acknowledged and signed it. Defendant made no 

further attempts to invoke his rights during the interrogation. Defendant then 

admitted to the detectives that he and his girlfriend conspired to rob a man in 

Cherry Hill by threatening him with a knife. 

Defendant filed his motion to suppress his statement. The judge conducted 

a hearing and took testimony from Detective Daniello. After denying the 

motion, the judge summarized his findings of fact on the record:

I think that the warnings were sufficient under our case 

law and our Constitution. I think it's clear that the 

defendant's testimony or statement . . . was relaxed, he 

was comfortable. His tone of voice . . . was consistent 

with his demeanor. There was no undue force, no 

pressure. . . . This was a smart defendant who clearly 

understands what was happening, clearly understood 

the questions, and I do find that his rights were 

sufficient that were read to him and that he has 

voluntarily and knowingly waived those rights. As 

such, I will not suppress his statement.

Defendant then pleaded guilty to second-degree conspiracy to commit 

robbery and preserved his right to appeal the denial of his motion to suppress 

his statement. Defendant received a five-year prison term subject to the No 

Early Release Act (NERA), N.J.S.A. 2C:43-7.2.
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On appeal, defendant argues:

THE [TRIAL JUDGE] ERRED BY HOLDING THAT 

THE [DEFENDANT'S] RECORDED STATEMENT 

WAS ADMISSIBLE. U.S. CONST., AMENDS. V, 

XIV[.]

In reviewing a trial judge's determination regarding whether to admit or 

suppress a defendant's statement, we defer to the judge's factual findings so long 

as they "are supported by sufficient evidence in the record." State v. Hubbard, 

222 N.J. 249, 262 (2015); see State v. W.B., 205 N.J. 588, 603 n.4 (2011) (noting 

that "[a]s the finding of compliance with Miranda and voluntariness turn[s] on 

factual and credibility determinations, we need only find sufficient credible 

evidence in the record to sustain the trial judge's findings and conclusions"). 

This is because the trial judge is "substantially influenced by [an] opportunity 

to hear and see the witnesses and to have the 'feel' of the case, which a reviewing 

court cannot enjoy." Hubbard, 222 N.J. at 262 (alteration in original) (quoting 

State v. Johnson, 42 N.J. 146, 161 (1964)). We also defer to a trial judge's 

findings based on video recording or documentary evidence that is available for 

review. State v. Tillery, 238 N.J. 293, 314 (2019). The trial judge's factual 

findings may only be disregarded if they "are clearly mistaken." Hubbard, 222 

N.J. at 262. However, we need not defer to the judge's legal conclusions that 

stem from those factual findings. Id. at 263.
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The Fifth Amendment of the United States Constitution and New Jersey 

state law protect the right against self-incrimination. Miranda, 384 U.S. at 479; 

State v. S.S., 229 N.J. 360, 380 (2017). "A confession or incriminating 

statement obtained during a custodial interrogation may not be admitted in 

evidence unless a defendant has been advised of his or her constitutional rights." 

Hubbard, 222 N.J. at 265. A defendant may waive those rights, but the waiver 

must be "voluntary, knowing and intelligent" to be effective, and a defendant 

may choose to waive some or all of those rights. Ibid. (quoting State v. Hreha, 

217 N.J. 368, 382 (2014)). "To eliminate questions about a suspect's 

understanding, the entire Miranda form should be read aloud to a suspect being 

interrogated, or the suspect should be asked to read the entire form aloud." State 

v. A.M., 237 N.J. 348, 400 (2019).

"[A] suspect need not be articulate, clear, or explicit in requesting counsel; 

any indication of a desire for counsel, however ambiguous, will trigger 

entitlement to counsel." State v. Alston, 204 N.J. 614, 622 (2011) (quoting State 

v. Reed, 133 N.J. 237, 253 (1993)). An equivocal invocation of the right to an 

attorney must be interpreted in the light most favorable to the defendant, State 

v. Wright, 97 N.J. 113, 119 (1984), and "a statement which arguably amounts to 

an asserting of [a defendant's] Miranda rights" requires the interrogator to 
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"immediately cease and . . . inquire of the [defendant] as to the correct 

interpretation of the statement." State v. Fussell, 174, N.J. Super. 14, 21 (App. 

Div. 1980) (citation omitted). New Jersey's heightened standard of proof 

requires that "the State must 'prove beyond a reasonable doubt that the 

[defendant]'s waiver was knowing, intelligent, and voluntary in light of all the 

circumstances.'" Tillery, 238 N.J. at 316 (quoting State v. Presha, 163 N.J. 304, 

313 (2000)).

A judge must consider "the totality of the circumstances surrounding the 

custodial interrogation" to determine whether the defendant's waiver is 

sufficient. A.M., 237 N.J. at 398. Factors to consider include "the [defendant's] 

age, education and intelligence, advice as to constitutional rights, length of 

detention, whether the questioning was repeated and prolonged in nature and 

whether physical punishment or mental exhaustion was involved." Ibid.

(quoting State v. Miller, 76 N.J. 392, 402 (1978)). Additionally, the judge may 

consider defendant's "prior experience with the police," State v. Knight, 183 N.J. 

449, 463 (citing Presha, 163 N.J. at 313), and the "period of time between 

'administration of the [Miranda] warnings and the volunteered statement," ibid.

(alteration in original) (quoting State v. Timmendequas, 151 N.J. 515, 614 

(1999)).
10 A-2359-19

Defendant did not invoke his Fifth Amendment right to counsel by signing 

the Philadelphia Card, and the detectives did not need to clarify what defendant 

intended when he signed the Philadelphia Card. The Philadelphia Card is 

designed to guide officers and detectives in informing suspects of their Miranda

rights, and includes a question that asks "[d]o you want either to talk to a lawyer 

at this time, or to have a lawyer with you while we ask you questions?" There 

is no location on the Philadelphia Card for a suspect to sign to either invoke or 

waive his Miranda rights. Cf. State v. Hartley, 103 N.J. 252, 258 (1986) 

(examining a "Waiver of Rights" form and noting that because "the only place 

provided for one to sign the form came after the 'waiver' section," the suspect's 

signature's purpose "was not to acknowledge receipt of one's rights but rather to 

indicate a waiver of those rights"). The fact that defendant signed the bottom of 

the Philadelphia Card only confirms that he was informed of those rights and 

not that he invoked any of those rights. 

Our Court has explained that "[t]o eliminate questions about a suspect's 

understanding, the entire Miranda form should be read aloud to a suspect being 

interrogated, or the suspect should be asked to read the entire form," and to the 

extent that is not done, "the suspect should be asked about his or her literacy and 

educational background." A.M., 237 N.J. at 400. After defendant read both 
11 A-2359-19

sides of the Philadelphia Card and signed one side, the Philadelphia detective 

returned to the interrogation room and confirmed that defendant read the card, 

could read and understand English, and understood his rights. And the Cherry 

Hill detectives read defendant the Cherry Hill Form before obtaining a signed

waiver of his right to have counsel present during questioning.

The State established that defendant waived his Miranda rights. The 

Philadelphia detective provided defendant with the Philadelphia Card, allowed 

defendant time to read both the front and back of the card, and confirmed that 

defendant understood the card and his rights. And shortly after, Cherry Hill 

detectives entered the interrogation room, re-Mirandized defendant and obtained 

a waiver of his right to counsel. On the Cherry Hill Form, defendant answered

"yes" to the question "[a]re you willing to talk with officers without consulting 

a lawyer, or having a lawyer present with you?" 

The judge determined that "defendant knew what his rights were, 

voluntarily waived his rights, and he gave a statement. He never invoked his 

right to counsel. . . . The warnings were sufficient in this matter." The judge 

observed that "[d]efendant was [twenty-two-]years old," has a prior criminal 

history, and "he's mature enough to fully appreciate the significance of his 

waiver." Defendant also "did not appear to have trouble reading, writing, or 
12 A-2359-19

understanding the English language," which was confirmed by the detectives. 

The judge noted that Detective Daniello asked defendant "[a]re you willing to 

speak with us right now," to which defendant responded yes, and then Detective 

Daniello clarified his question by adding "[w]ithout having an attorney," to 

which the judge states defendant responded "[y]es, sir." The judge also found 

that the forms provided to the defendant and the questioning was not 

unconstitutionally vague or ambiguous because it "combined the knowledge of 

rights with the waiver of rights," and there was "no indication in this matter that 

the defendant was actually confused by the combination." Defendant was 

"relaxed" and "comfortable" while speaking to the detectives, "[t]here was no 

undue force, no pressure," defendant "clearly unders[tood] what was 

happening," and that "his rights were sufficient and were read to him and that 

he voluntarily and knowingly waived those rights." Defendant did not suggest 

that he did not understand his rights or that he wanted counsel present prior to 

speaking with the detectives. To the contrary, defendant assented on the Cherry 

Hill Form to speaking with the Cherry Hill Detectives without an attorney 

present. The judge's findings are supported by sufficient credible evidence in 

the record and are not clearly mistaken.
13 A-2359-19

Affirmed.