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N.J. man faces 20 years after guilty verdict on gun charge

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Brian Niziolek, 29, of Basking Ridge, is facing up to 20 years in prison because he is considered a persistent offender, the Somerset County Prosecutor's Office stated.

SOMERVILLE -- A Basking Ridge man was found guilty Wednesday of second-degree unlawful possession of a handgun following a five-day trial in Somerset County Superior Court, Acting Somerset County Prosecutor Michael H. Robertson announced in a news release.

Brian Niziolek, 29, is facing a 20-year sentence as a persistent offender, and must serve 10 years before he is eligible for parole. His sentencing date is July 22.

Brian1.jpgBrian Niziolek (Somerset County Prosecutor's Office)

Following his conviction by the jury on the unlawful possession of a handgun indictment, Niziolek waived his right to be tried by a jury and agreed to a bench trial on a related indictment on a second degree charge of certain persons not to possess firearms, it was stated in the release.

At the bench trial, the state introduced into evidence Niziolek's prior convictions for sexual assault, aggravated assault, possession of a weapon for an unlawful purpose, unlawful possession of a weapon, aggravated assault on a law enforcement officer, burglary and possession with intent to distribute a controlled dangerous substance.

Niziolek's previous convictions also included possession with intent to distribute a controlled dangerous substance within 1,000 feet of a school, possession with intent to distribute a controlled dangerous substance within 500 feet of a public park and possession of a controlled dangerous substance, according to the news release.

Niziolek was found guilty by Somerset County Superior Court Judge Angela Borkowski following the bench trial.

At the jury trial for unlawful possession of a handgun, jurors where told that on March 8, 2014, at 3:30 a.m., Hillsborough police responded to a single car motor vehicle accident with injuries in the area of New Center Road and Orchard Drive.

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Police reported finding a vehicle with heavy front-end damage and the three occupants, including Niziolek, sitting outside it. An officer reportedly saw a .25-caliber semi-automatic handgun on the ground near the passenger door of the damaged vehicle, according to the release.

The handgun was sent to the State Police lab for processing and it was determined that Niziolek's DNA was present at four locations on it.

The state was represented by Acting Chief Assistant Prosecutor W. Brian Stack with the assistance of Paralegal Sharon Janssen.

Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.


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