A state appeals court has upheld a four-year prison sentence for a Millville man arrested on drug charges in 2009.
Among the charges William Osby was convicted of in 2010 was using a scanner to monitor Millville Police Department activities while committing or attempting to commit his crimes.
Osby’s girlfriend contended that she bought the scanner to monitor one her sons, who had previously been arrested, according to the ruling by the two-judge panel of the Appellate Division of Superior Court.
The panel rejected arguments by Osby that he did not receive a fair trial and the sentence was excessive. The judges ruled that they were “unpersuaded that is it either necessary or appropriate for us to intervene and adjust this sentence, particularly where we determine that it does not shock the judicial conscience.”
Osby was sentenced in June 2010 to four years in state prison on charges of possession of a controlled dangerous substance, possession of a controlled dangerous substance with the intent to distribute, possession of a controlled dangerous substance with the intent to distribute in a school zone, and possession of a radio to intercept emergency communications while committing or attempting to commit a crime.
State Department of Corrections records show that Osby, 39, is in Bayside State Prison in the Leesburg section of Maurice River Township. His parole eligibility date is April 17, 2013, the records show.
Osby was one of eight people arrested in February 2009 after authorities raided two neighboring homes in the 600 of Buck Street in Millville. The houses were under surveillance, and authorities moved in after they saw Osby make what the appellate ruling stated were several “hand-to-hand” exchanges with people on a front porch, the appellate ruling reads.
Millville and State Police entered one of the buildings and found cocaine and drug paraphernalia in plain view on a table and countertop in the kitchen, the ruling reads. They also found two scanners, one of which was “tuned into the Millville police radio frequency at the time police entered the residence, it continues.
Osby was taken to the Millville Police Department, where he admitted during a taped interview that all the drugs found in the house were his and that he sold cocaine for profit.
The appeals court issued its ruling Friday.
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