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46 State v. Terrence Miller -- rank: 635

... with intent to distribute on or near a public park, N.J.S.A. 2C:35-7.1(a), one count of third-degree distribution of CDS, N ... degree distribution of CDS on or near a public park, N.J.S.A. 2C:35-7.1(a). Defendant privately retained an attorney, and that attorney appeared ... with intent to distribute on or near a public park, N.J.S.A. 2C:35-7.1(a). On each of those charges alone, if convicted, he ...

docket:	A-35-11
court:	NJ Supreme Court
decided:	2013-10-02
status:
citation:	216 N.J. 40 76 A.3d 1250
Document Size:	146820

47 STATE OF NEW JERSEY v. RICKY WILLIAMS -- rank: 635

... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count four). Defendant filed a pro se motion for a ...

docket:	a3960-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-07
status:	unpublished
citation:
Document Size:	70450

48 STATE OF NEW JERSEY v. AMED INGRAM -- rank: 633

... controlled dangerous substance (CDS) on school property, in violation of N.J.S.A. 2C:35-7. 1 At the pre-trial detention hearing on January 5, 2017 ...

docket:	a1787-16
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	published
citation:	449 N.J.Super. 94 155 A.3d 597
Document Size:	83704

49 STATE OF NEW JERSEY v. SHILOH SMITH -- rank: 633

... possession of cocaine within 500 feet of a public building, N.J.S.A. 2C:35-7.1. 1 After the verdict, defendant entered a plea of guilty ...

docket:	a0574-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	unpublished
citation:
Document Size:	52861

50 STATE OF NEW JERSEY v. KARRIEM SANCHEZ -- rank: 629

... public housing facility, a public park, or a public building, N.J.S.A. 2C:35-7.1 (count five). The court merged counts one through four with ... 500 feet of a public housing project or public park ( N.J.S.A. 2C:35-7.1). Id. at 426. In reaching this decision, we reasoned that ... 500 feet of a public recreation zone in violation of N.J.S.A. 2C:35-7.1. There is no dispute that defendant had qualifying prior drug ... within intent to distribute heroin in a public recreation zone, N.J.S.A. 2C:35-7.1 (count five). Simply put, N.J.S.A. 2C:43 ... merger and must be included in defendant's sentence for N.J.S.A. 2C:35-7.1. We conclude that where the State seeks an extended term ...

docket:	a2991-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-03
status:	unpublished
citation:
Document Size:	69920

51 STATE OF NEW JERSEY v. MONTCELL M. COSTON -- rank: 626

... of a public housing facility, public park or public building, N.J.S.A. 2C:35-7.1 (count three); fourth-degree possession of marijuana in a quantity ... of a public housing facility, public park or public building, N.J.S.A. 2C:35-7.1 (count six); and second-degree conspiracy to distribute a controlled ... a public housing facility, public park or other public building, N.J.S.A. 2C:35-7.1 (count four); second-degree possession with intent to distribute heroin ... a public housing facility, public park or other public building, N.J.S.A. 2C:35-7.1 (count five); third-degree possession with intent to distribute heroin ...

docket:	a5981-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-31
status:	unpublished
citation:
Document Size:	37594

52 STATE OF NEW JERSEY v. ALDABERTO VEGA -- rank: 626

... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (counts four and eight). Additionally, Vega was indicted on one ...

docket:	a0935-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-04
status:	Unpublished
citation:
Document Size:	65146

53 State v. Shawn L. Spivey -- rank: 624

... dangerous substance (CDS), a third-degree offense in violation of N.J.S.A. 2C:35-7.1 (count three); possession of a CDS, a fourth-degree offense in violation of N.J.S.A. 2C:35-7.1 (count six); possession of a firearm while in the course ... within 500 feet of a public park in violation of N.J.S.A. 2C:35-7.1, is guilty of a crime of the second degree. See ... 39-4.1a violation to run consecutive to sentences for N.J.S.A. 2C:35-7.1 violations). Defendant argues, however, that the trial court violated our ...

docket:	a-8-03
court:	njsupreme
decided:	2004-04-01
status:
citation:	179 N.J. 229
Document Size:	53901

54 STATE OF NEW JERSEY v. NATHAN N. SHAW -- rank: 622

... intent distribute within five hundred feet of certain public property, N.J.S.A. 2C:35-7.1, under Indictment No. 12-08-1442, in exchange for the ... while on or within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count three). 7 Terry v. Ohio , 392 U.S. 1 ...

docket:	a2711-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-25
status:	unpublished
citation:
Document Size:	88285

55 STATE OF NEW JERSEY v. TODD DORN -- rank: 620

... of a public housing facility, public park, or public building, N.J.S.A. 2C:35-7.1 (count one); third-degree possession with intent to distribute a ... of a public housing facility, public park, or public building, N.J.S.A. 2C:35-7.1 (count two); 1 third-degree distribution of a CDS, heroin ... feet of a public housing facility or public park under N.J.S.A. 2C:35-7.1. Distributing CDS within 500 feet of public housing facility or ... this offense as a third-degree crime, an offense under N.J.S.A. 2C:35-7.1 is "a crime of the second degree, except that it ...

docket:	a6189-12
court:	NJ Superior Court Appellate Division
decided:	2016-09-26
status:	unpublished
citation:
Document Size:	82853

56 STATE OF NEW JERSEY v. WALI SMITH -- rank: 620

... intent to distribute within 500-feet of a public park, N.J.S.A. 2C:35-7.1; third-degree possession of cocaine, N.J.S.A. 2C ... intent to distribute within 500-feet of a public park, N.J.S.A. 2C:35-7.1. Following appropriate mergers, the judge sentenced defendant to an aggregate ... Controlled Substance: Proximity to Public Housing Facilities, Parks or Buildings ( N.J.S.A. 2C:35-7.1) (2001). While the trial judge may have misspoken in defining ... and defined in his charge, the elements at issue. See N.J.S.A. 2C:35-7.1. This instruction did not cause an unjust result. Defendant next ...

docket:	a6066-08
court:	superior court trial
decided:	2011-03-02
status:	Published
citation:
Document Size:	42297

57 STATE OF NEW JERSEY v. CRAIG S. PITT -- rank: 618

... public housing facility, a public park, or a public building, N.J.S.A. 2C:35-7.1 (count four); third-degree possession of heroin, N.J.S ... public housing facility, a public park, or a public building, N.J.S.A. 2C:35-7.1 (count eight); third-degree distribution of heroin, N.J.S ... public housing facility, a public park, or a public building, N.J.S.A. 2C:35-7.1 (count eleven). At sentencing, after granting the State's motion ...

docket:	a1161-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-13
status:	unpublished
citation:
Document Size:	68347

58 STATE OF NEW JERSEY v. GIOVANNI GUTIERREZ -- rank: 616

... with intent to distribute while within a public housing zone, N.J.S.A. 2C:35-7.1 (count three). The jury acquitted defendant of conspiring to distribute ... be served without possibility of parole; and on count three, N.J.S.A. 2C:35-7.1, a ten-year term, five to be served with possibility ... for violating N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 "does not comport with traditional merger principles," merger is required ... violation of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, we find no merit in defendant's objections to his ... 6(f) does not apply to convictions for violation of N.J.S.A. 2C:35-7.1, which is a crime of the second degree. See N ... crimes to which the mandatory extended term applies and excluding N.J.S.A. 2C:35-7.1). This archive is a service of Rutgers School of ...

docket:	a4128-07
court:	NJ Superior Court Appellate Division
decided:	2009-09-21
status:	unpublished
citation:
Document Size:	23670

59 STATE OF NEW JERSEY v. GUSTAVO MARIN -- rank: 616

... a term of eight years' imprisonment on the violation of N.J.S.A. 2C:35-7.1. Concurrent sentences on the other two indictments were also imposed ... MONUMENT" IS NOT A "PUBLIC PARK" WITHIN THE MEANING OF N.J.S.A. 2C:35-7.1[f]. THEREFORE, THE FACTUAL BASIS FOR THE CONVICTION OF DISTRIBUTION ... HIS PLEA HEARING DOES NOT ESTABLISH THE ESSENTIAL ELEMENT OF N.J.S.A. 2C:35-7.1, THAT THE DRUG DISTRIBUTION OCCURRED WITHIN 500 FEET OF A ... THAT "BLACHLEY MONUMENT" IS A PUBLIC PARK AS DEFINED IN N.J.S.A. 2C:35-7.1. We have considered these arguments in light of the record ... contended that Blachley Park was not a park pursuant to N.J.S.A. 2C:35-7.1. 3 Defense counsel argued that the area was simply "a ... efforts to designate the area as a park except when [ N.J.S.A. 2C:35-7.1] came in enhancing penalties for crimes committed within 500 ...

docket:	a1534-08
court:	superior court appellate division
decided:	2010-10-20
status:	unpublished
citation:
Document Size:	28366

60 STATE OF NEW JERSEY v. TIMOTHY D. BROWN -- rank: 613

... intent to distribute it within 500 feet of public property, N.J.S.A. 2C:35-7.1 (count four); third-degree distribution of heroin, N.J.S ... degree distribution of heroin within 500 feet of public property, N.J.S.A. 2C:35-7.1 (count seven). Defendant also appeals from his sentence of five ... violations of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1. He claims that the school zone convictions should have been ...

docket:	a3565-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-25
status:	unpublished
citation:
Document Size:	42029