Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 1000

... committing a drug distribution/possession with intent to distribute crime, N.J.S.A. 2C:39-4.1; and third-degree receiving stolen property, N.J.S.A ... of N.J.S.A. 2C:39-4(a) and N.J.S.A. 2C:39-4.1 are designated as Graves Act offenses under N.J.S ... distribution/possession with intent to distribute crime or bias crime, N.J.S.A. 2C:39-4.1(a); unlawful possession of a machine gun, handgun, rifle or ... A. 2C:44-1(d). The 2007 amendment also added N.J.S.A. 2C:39-4.1 (possession of a firearm while in the course of committing ... of committing another crime. So too, a defendant charged with N.J.S.A. 2C:39-4.1 (possession of a firearm while in the course of committing ... drug trafficking and gun violence that impelled the enactment of N.J.S.A. 2C:39-4.1 has abated since that offense was added to the ...

docket:	a3586-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-25
status:	Published
citation:
Document Size:	111045

2 State v. Melvin T. Dickerson -- rank: 955

... firearm while in the course of committing a narcotics offense, N.J.S.A. 2C:39-4.1(a); 6) fourth-degree possession of a defaced handgun, N ...

docket:	a_1_17
court:	NJ Supreme Court
decided:	2018-02-05
status:
citation:
Document Size:	78950

3 /usr/local/share/www/libweb/collections/courts/supreme/a0062-14.opn.html -- rank: 903

... Defendant argues the court erred by charging the jury on N.J.S.A. 2C:39-4.1(a), possession of a weapon during the distribution of controlled ... N.J.S.A. 2C:39-4(a)(2) to N.J.S.A. 2C:39-4.1(a) prior to trial, defendant's argument the court charged ... of a firearm in order to satisfy a conviction under N.J.S.A. 2C:39-4.1(a). N.J.S.A. 2C:39-4.1(a) states, "Any person who has in his possession any ... the court erred in failing to merge count thirty-three, N.J.S.A. 2C:39-4.1(a), into count two, N.J.S.A. 2C:5 ... three and count two require different elements. Count thirty-three, N.J.S.A. 2C:39-4.1(a), requires possession of a firearm in the course ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	64883

4 State v. Nance/Bolton/Williams -- rank: 893

... while committing certain drug-related offenses or bias intimidation offenses, N.J.S.A. 2C:39-4.1(a); unlawful possession of a machine gun, handgun, rifle or ...

docket:	A-47-48
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	93541

5 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 890

... crime of possession of CDS with the intent to distribute, N.J.S.A. 2C:39-4.1(a). After merging some of these convictions for sentencing purposes ... count twenty-one (a weapons conviction) was made mandatory by N.J.S.A. 2C:39-4.1. The State further contends that the trial judge had "no ... CDS with intent to distribute (count twenty-one), was mandatory. N.J.S.A. 2C:39-4.1(d) provides in pertinent part: Notwithstanding the provisions of N ...

docket:	A1282-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	unpublished
citation:
Document Size:	135133

6 STATE OF NEW JERSEY v. JOHN D. FITZGERALD -- rank: 890

... crime of possession of CDS with the intent to distribute, N.J.S.A. 2C:39-4.1(a). After merging some of these convictions for sentencing purposes ... count twenty-one (a weapons conviction) was made mandatory by N.J.S.A. 2C:39-4.1. The State further contends that the trial judge had "no ... CDS with intent to distribute (count twenty-one), was mandatory. N.J.S.A. 2C:39-4.1(d) provides in pertinent part: Notwithstanding the provisions of N ...

docket:	a6176-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132384

7 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 890

... crime of possession of CDS with the intent to distribute, N.J.S.A. 2C:39-4.1(a). After merging some of these convictions for sentencing purposes ... count twenty-one (a weapons conviction) was made mandatory by N.J.S.A. 2C:39-4.1. The State further contends that the trial judge had "no ... CDS with intent to distribute (count twenty-one), was mandatory. N.J.S.A. 2C:39-4.1(d) provides in pertinent part: Notwithstanding the provisions of N ...

docket:	A5387-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132364

8 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 890

... crime of possession of CDS with the intent to distribute, N.J.S.A. 2C:39-4.1(a). After merging some of these convictions for sentencing purposes ... count twenty-one (a weapons conviction) was made mandatory by N.J.S.A. 2C:39-4.1. The State further contends that the trial judge had "no ... CDS with intent to distribute (count twenty-one), was mandatory. N.J.S.A. 2C:39-4.1(d) provides in pertinent part: Notwithstanding the provisions of N ...

docket:	A6158-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132363

9 STATE OF NEW JERSEY v. LORENZO HOLDEN -- rank: 862

... of a gun while committing a drug offense enumerated in N.J.S.A. 2C:39-4.1. The State appealed, claiming that the trial judge's concurrent sentences violated the mandatory consecutive sentence provision of N.J.S.A. 2C:39-4.1. Defendant cross-appealed, raising three points, arguing that the trial ... error by instructing the jury it could convict defendant of N.J.S.A. 2C:39-4.1 if he possessed a firearm while merely possessing cocaine, which ... trial; and the non-merger and consecutive-sentence provisions of N.J.S.A. 2C:39-4.1 violate the State Constitution. See footnote 1 We reject defendant ... witness, but find merit in defendant's argument that his N.J.S.A. 2C:39-4.1 conviction and sentence must be reversed because of the judge ... direct. During the judge's charge to the jury on N.J.S.A. 2C:39-4.1, he explained that the State must first prove that ...

docket:	A1347-01
court:	NJ Superior Court Appellate Division
decided:	2003-12-09
status:	published
citation:	364 N.J. Super. 504 837 A.2d 403
Document Size:	38617

10 STATE OF NEW JERSEY v. KYLE M. GRESAK -- rank: 862

... distribution/possession with intent to distribute crime or bias crime, N.J.S.A. 2C:39-4.1(a); unlawful possession of a machine gun, handgun, rifle or ...

docket:	a0483-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-08
status:	Unpublished
citation:
Document Size:	54087

11 STATE OF NEW JERSEY v. CADE S. CORDWELL -- rank: 854

... attempting to commit, or conspiring to commit a drug crime, N.J.S.A. 2C:39-4.1(a) (count nine), and fourth-degree possession of a defaced ... 2C:35-5(a)(1), 5(b)(1), pursuant to N.J.S.A. 2C:39-4.1(a). A-0920-20 9 Later, defendant moved to vacate ... possession of a firearm while committing a CDS offense—under N.J.S.A. 2C:39-4.1(a). Count two pertains to N.J.S.A. 2C ... merely to possess.' He was acquitted. On the other hand, N.J.S.A. 2C:39-4.1(a) makes it a crime for a person to have ... to distribute, i.e., the second element. Simultaneously, to violate N.J.S.A. 2C:39-4.1(a), the jury needed to find both defendant had possession ... the light most favorable to the State, the conviction under N.J.S.A. 2C:39-4.1(a) is impermissibly illogical. Peterson, 181 N.J. Super. ...

docket:	a0920-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-23
status:	Unpublished
citation:
Document Size:	51113

12 STATE OF NEW JERSEY v. TYQUAN FUQUA -- rank: 838

... of certain crimes, N.J.S.A. 2C:35-5, N.J.S.A. 2C:39-4.1(a), and N.J.S.A. 2C:2-6; third ...

docket:	a3149-17
court:	NJ Superior Court Appellate Division
decided:	2021-08-20
status:	Unpublished
citation:
Document Size:	144018

13 STATE OF NEW JERSEY v. AHMAD J. MUHAMMAD -- rank: 820

... second- degree possession of a firearm during a CDS offense, N.J.S.A. 2C:39- -4.1(a) (counts six, seven, and eight); and three counts of ... degree possession of a firearm while engaged in drug distribution, N.J.S.A. 2C:39-4.1 (count six); third-degree receiving stolen property, a .45 caliber ...

docket:	a3856-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-11
status:	Unpublished
citation:
Document Size:	103268

14 /usr/local/share/www/libweb/collections/courts/appellate/a5935-17.opn.html -- rank: 820

... the offense of possession of heroin with intent to distribute, N.J.S.A. 2C:39-4.1(a); second-degree unlawful possession of a weapon, N.J ...

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court:
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citation:
Document Size:	67546

15 STATE OF NEW JERSEY v. BRANDON W. VASHEY STATE OF NEW JERSEY v. DARYEL L. RAWLS, a/k/a DARRYL RAWLS, DARYEL C RAWLS DARYL RAWLS, and DERRYL RAWLS STATE OF NEW JERSEY v. DECTRIC J. RAWLS, a/k/a JERMAINE JEFFERSON, LO LO DETRIC RAWLS, DETRIC J RAWL -- rank: 812

... a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.1(a) (count forty-eight). Finally, the indictment charged Daryel with ... a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.1(a) (count forty-eight). In pleading guilty, Dectric did not ... a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.1(a), the other charge to which Dectric pled. Thus, we ... first-degree leader of a narcotics trafficking network. Pursuant to N.J.S.A. 2C:39-4.1(d), the judge also properly imposed a consecutive term on ... sentences required by N.J.S.A. 2C:35-3; N.J.S.A. 2C:39-4.1(d), and N.J.S.A. 2C:43-6(c ...

docket:	a1065-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	119946