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46 STATE OF NEW JERSEY v. NAIM GRIFFIN -- rank: 714

... degree possession of a weapon (handgun) during a drug crime, N.J.S.A. 2C:39-4.1 (count seven); and fourth-degree unlawful possession of handgun ammunition ...

docket:	a0461-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-27
status:	Unpublished
citation:
Document Size:	46217

47 /usr/local/share/www/libweb/collections/courts/appellate/a5903-17.opn.html -- rank: 709

... degree possession of a firearm during a certain drug offense, N.J.S.A. 2C:39-4.1(a) (counts eight and nine); and certain persons not to ... possession of a firearm during a certain drug offense under N.J.S.A. 2C:39-4.1(a). Relying in large part on our Supreme Court's ... our A-5903-17 22 Supreme Court's interpretation of N.J.S.A. 2C:39.4.1(a): 'The statutory language does not suggest that the weapon ... in close proximity to defendant to constitute a violation of N.J.S.A. 2C:39-4.1(a). Had the statute read 'armed with a firearm while ... jury tracked the model jury charge, which is consistent with N.J.S.A. 2C:39-.4.1(a). See Model Jury Charge (Criminal), 'Possession of Firearm While Committing Certain Drug Crimes (N.J.S.A. 2C:39-4.1(a))' (approved Mar. 22, 2004). A jury charge that ...

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48 STATE OF NEW JERSEY v. STEVEN KACZUR -- rank: 706

... of a firearm while engaged in drug distribution-related activity, N.J.S.A. 2C:39-4.1. We now affirm. On November 6, 2010, Woodbridge police officers ... of a firearm while engaged in CDS distribution-related activity, N.J.S.A. 2C:39-4.1 (count four); and fourth-degree possession of hollow nose bullets ... the court based its dismissal decision on a construction of N.J.S.A. 2C:39-4.1, which we reject. In its March 2, 2012 letter opinion ... other grounds, we reject the court's narrow construction of N.J.S.A. 2C:39-4.1. N.J.S.A. 2C:39-4.1a provides that ... had established a prima facie case of a violation of N.J.S.A. 2C:39-4.1. See State v. Francis , 191 N.J. 571, 586 (2007 ... in the statutory language or its legislative history to suggest N.J.S.A. 2C:39-4.1 requires that defendant either illegally possess the firearm, or ...

docket:	a3920-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-02
status:	unpublished
citation:
Document Size:	19269

49 STATE OF NEW JERSEY v. HAROLD S. MAGBY -- rank: 706

... of a firearm during the course of a drug offense, N.J.S.A. 2C:39-4.1(a) (Count IV); and second-degree certain person not to ...

docket:	a0628-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-01
status:	unpublished
citation:
Document Size:	38098

50 STATE OF NEW JERSEY v. JOSE M. ROSARIO -- rank: 706

... possession of a firearm while committing certain drug-related offenses, N.J.S.A. 2C:39-4.1(a) (count four); third-degree unlawful possession of a firearm ... possession of a firearm while committing certain drug-related offenses, N.J.S.A. 2C:39-4.1(a) (count seven); third-degree possession of a firearm without ...

docket:	a5161-09
court:	NJ Superior Court Appellate Division
decided:	2012-12-05
status:	unpublished
citation:
Document Size:	36351

51 STATE OF NEW JERSEY v. HERIBERTO SOTO -- rank: 703

... firearm while in the course of committing a narcotics offense, N.J.S.A. 2C:39-4.1 (count seven). On July 15, 2002, defendant entered a plea ... appeal defendant argues: POINT I : BECAUSE THE MERGER PROVISION OF N.J.S.A. 2C:39-4.1 VIOLATED THE DUE PROCESS AND DOUBLE JEOPARDY PROVISIONS OF THE ... a violation of N.J.S.A. 2C:35-7, N.J.S.A. 2C:39-4.1, must merge. That contention is a direct challenge to the ... separate offenses. The conduct punished by the challenged statutory provision, N.J.S.A. 2C:39-4.1, is the possession of drugs with the intent to distribute ... offenses for which separate punishments are prescribed. The intent of N.J.S.A. 2C:39-4.1 is to extinguish "the 'mere presence of guns' at the ... citations omitted). Moreover, in order to establish a violation of N.J.S.A. 2C:39-4.1, the State must establish beyond a reasonable doubt that " ...

docket:	A2637-03
court:	NJ Superior Court Appellate Division
decided:	2006-05-04
status:	published
citation:
Document Size:	52337

52 STATE OF NEW JERSEY v. KENNETH K. GUMBS -- rank: 701

... CDS offense, N.J.S.A. 2C:35-5a and N.J.S.A. 2C:39-4.1. Defendant was sentenced to an aggregate twenty-one year term ... CDS offense, N.J.S.A. 2C:35-5a and N.J.S.A. 2C:39-4.1 (count seven); and second-degree possession of a weapon by ...

docket:	a5148-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-20
status:	Published
citation:
Document Size:	57331

53 STATE OF NEW JERSEY v. SHANNON FIELD -- rank: 698

... second-degree possession of a weapon during a drug offense, N.J.S.A. 2C:39-4.1, and third-degree possession with intent to distribute marijuana, N ... second-degree possession of a firearm during a drug offense, N.J.S.A. 2C:39-4.1 (count two); third-degree possession with intent to distribute marijuana ... 6 A-4922-15T4 were to run consecutively pursuant to N.J.S.A. 2C:39-4.1(d). The plea agreement also provided for the dismissal of ... a violation of any of the sections of chapter 35 . . . .' N.J.S.A. 2C:39-4.1(d). 3 We recognize that these errors may have resulted ... count three, and the mandatory consecutive sentencing requirements imposed by N.J.S.A. 2C:39-4.1(d). We further note that the sentencing judge did not ...

docket:	a4922-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-13
status:	unpublished
citation:
Document Size:	62878

54 STATE OF NEW JERSEY v. MARIQ C. ERNEST -- rank: 698

... degree possession of a weapon while committing a certain crime, N.J.S.A. 2C:39-4.1; fourth-degree resisting arrest, N.J.S.A. 2C:29 ...

docket:	a3112-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-11
status:	Unpublished
citation:
Document Size:	24846

55 STATE OF NEW JERSEY v. GERARD ASSELTA -- rank: 698

... of a firearm while committing certain controlled dangerous substances crimes, N.J.S.A. 2C:39-4.1(a) (count four). 1 As a result, the first trial ... result of our conclusion, defendant cannot be retried, pursuant to N.J.S.A. 2C:39-4.1(a), for the possession of the firearm later located at ... substance . . . is not one of the drug offenses enumerated in N.J.S.A. 2C:39-4.1." State v. Holden , 364 N.J. Super. 504 , 513 (App ...

docket:	a0362-13
court:	NJ Superior Court Appellate Division
decided:	2014-09-05
status:	unpublished
citation:
Document Size:	27203

56 STATE OF NEW JERSEY v. YSAIAS SEVERINO-LANTIGUA -- rank: 698

... related activity, N.J.S.A. 2C:35-5 and N.J.S.A. 2C:39-4.1 (Count Thirteen); second-degree endangering the welfare of a child ...

docket:	a3906-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-15
status:	unpublished
citation:
Document Size:	32386

57 /usr/local/share/www/libweb/collections/courts/appellate/a2282-18.opn.html -- rank: 698

... second-degree possession of a firearm during a CDS crime, N.J.S.A. 2C:39-4.1(a) (count three); fourth-degree possession of hollow- nose bullets ...

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58 STATE OF NEW JERSEY v. WEDPENS DORSAINVIL -- rank: 696

... a firearm during the commission of a drug-related offense, N.J.S.A. 2C:39-4.1(a). 2 Tried before a jury over a period of ...

docket:	a0879-10
court:	NJ Superior Court Appellate Division
decided:	2014-05-02
status:	published
citation:	435 N.J.Super. 449 89 A.3d 584
Document Size:	144139

59 STATE OF NEW JERSEY v. KAREEM T. TILLERY -- rank: 693

... possessing a controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:39-4.1(a) (count six); third-degree possession of CDS (Methamphetamine), N ...

docket:	a4281-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-05
status:	Unpublished
citation:
Document Size:	44404

60 STATE OF NEW JERSEY v. DONALD HARRIS -- rank: 693

... weapon during the distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:39-4.1(a) to (c) (counts three and four); three counts of ...

docket:	a3703-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-21
status:	unpublished
citation:
Document Size:	58814