Search Rutgers Law Library N.J. Court Opinions

196 STATE OF NEW JERSEY v. MARTIN DELVALLE -- rank: 537

... to distribute oxycodone within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count six); second-degree possession with intent to distribute oxycodone within 500 feet of public property, N.J.S.A. 2C:35-7.1 (count seven); and third-degree possession of oxycodone, N ...

docket:	a5586-17
court:	NJ Superior Court Appellate Division
decided:	2022-03-03
status:	Unpublished
citation:
Document Size:	45724

197 STATE OF NEW JERSEY v. KABAKA ATIBA -- rank: 537

... distribute it within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1; (3) third-degree possession of cocaine with the intent to distribute it within 1000 feet of a school, N.J.S.A. 2C:35-7; (4) third-degree resisting arrest, N.J.S.A. 2C ...

docket:	a5606-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-07
status:	unpublished
citation:
Document Size:	25160

198 STATE OF NEW JERSEY v. NACIA H. WEBB -- rank: 537

... of a CDS within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count six); second-degree employing a juvenile in a drug ...

docket:	a3649-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-24
status:	unpublished
citation:
Document Size:	62730

199 STATE OF NEW JERSEY v. LEROY TUTT -- rank: 537

... 3), (b)(11), within 500 feet of certain public property, N.J.S.A. 2C:35-7.1, and within 1000 feet of school property, N.J.S.A. 2C:35-7 (Count Three); 3) second-degree conspiracy to unlawfully dispose, possess ...

docket:	a4042-12
court:	NJ Superior Court Appellate Division
decided:	2016-07-18
status:	unpublished
citation:
Document Size:	65563

200 STATE OF NEW JERSEY v. ANDRES J. PAYANO -- rank: 535

... with intent to distribute within 1000 feet of a school, N.J.S.A. 2C:35-7; and count eight - second-degree possession of heroin with intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1. The jury convicted defendant on all charges. The trial ... concedes that for sentencing purposes the count seven violation of N.J.S.A. 2C:35-7 must merge into the count eight violation of N.J.S.A. 2C:35-7.1. See State v. Parker , 335 N.J. Super. 415 ...

docket:	a4058-12
court:	NJ Superior Court Appellate Division
decided:	2011-09-18
status:	unpublished
citation:
Document Size:	50194

201 STATE OF NEW JERSEY v. DWAYNE WATT -- rank: 535

... five); second-degree possession of a rifle while committing an N.J.S.A. 2C:35-7 offense, N.J.S.A. 2C:39-4.1 (count ... lies in a range of from one to two years, N.J.S.A. 2C:35-7(a), and the court's imposition of three years of ... four years, the maximum period of parole ineligibility pursuant to N.J.S.A. 2C:35-7(a) is two years: Where the violation involves less than ...

docket:	a3934-06
court:	superior court appellate division
decided:	2010-11-03
status:	unpublished
citation:
Document Size:	48586

202 STATE OF NEW JERSEY v. EARL A. BURNETT -- rank: 535

... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1, 2C:35-5(a)(1), 2C:35-5(b ...

docket:	a3067-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-03
status:	Unpublished
citation:
Document Size:	28104

203 STATE OF NEW JERSEY v. JULIAN B HAMLETT -- rank: 533

... intent to distribute heroin within 1000 feet of school property, N.J.S.A. 2C:35-7. In a separate incident, on August 7, 2012, Atlantic City ... him with second-degree possession with intent to distribute heroin, N.J.S.A. 2C:35-7.1. 1 On January 24, 2014, defendant was sentenced on ...

docket:	a4399-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	published
citation:	449 N.J.Super. 159 155 A.3d 1038
Document Size:	52480

204 STATE OF NEW JERSEY v. ALEX ROBINSON -- rank: 533

... County indictment with possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-7 (counts three and seven); possession of CDS with intent to distribute within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1 (counts four and eight); resisting arrest, N.J.S ... S.A. 2C:12-11a (count fifteen); and aggravated assault, N.J.S.A. 2C:35-7.1. Defendant argues that the judge erred by concluding that ... building is guilty of a crime of the second degree." N.J.S.A. 2C:35-7.1. The term "public housing facility" is defined in N.J.S.A. 2C:35-7.1f to mean: any dwelling, complex of dwellings, accommodation, building ... at 237. We held that to support a conviction under N.J.S.A. 2C:35-7.1, the State need not show that the housing ...

docket:	A2559-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-15
status:	unpublished
citation:
Document Size:	31331

205 STATE OF NEW JERSEY v. ROBERT GLOVER -- rank: 533

... third-degree possession of a controlled dangerous substance (CDS), Xanax, N.J.S.A. 2C:35-7.1 (Count 4). He was sentenced to a six-year ... THIS TESTIMONY WAS HIGHLY PREJUDICIAL TO DEFENDANT'S CASE. III. N.J.S.A. 2C:35-7.1 VIOLATES THE DUE PROCESS CLAUSE OF THE UNITED STATES ... TWO, SUPRA ,), OR THE CONSTITUTIONALITY OF THE AFFIRMATIVE DEFENSE TO N.J.S.A. 2C:35-7.1 (POINT THREE). C. DEFENSE COUNSEL UNDERMINED HER CHOSEN STRATEGY ... it, he was within 500 feet of a public park. N.J.S.A. 2C:35-7.1. On the other hand, the affirmative defense in N.J.S.A. 2C:35-7.1, and, therefore, do not relieve the State of its ... and failure to raise a challenge to the constitutionality of N.J.S.A. 2C:35-7.1 - have already been determined by us to be ...

docket:	a2128-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-05
status:	unpublished
citation:	199 N.J. 129 970 A.2d 1046
Document Size:	71159

206 STATE OF NEW JERSEY v. PHILIP CHERRY -- rank: 533

... two counts of knowingly or purposely dispensing or distributing cocaine, N.J.S.A. 2C:35-7.1. At sentencing, the trial judge merged the two distributing ... less than one-half ounce, to Braxton, in violation of N.J.S.A. 2C:35-7 (count two); knowingly or purposely dispensing or distributing cocaine, to Braxton, in violation of N.J.S.A. 2C:35-7.1 (count three); knowingly or purposely dispensing or distributing cocaine ... less than one-half ounce, to Caminneci, in violation of N.J.S.A. 2C:35-7 (count five); knowingly or purposely dispensing or distributing cocaine, to Caminneci, in violation of N.J.S.A. 2C:35-7.1 (count six); knowingly or purposely dispensing or distributing heroin ... less than one-half ounce, to Caminneci, in violation of N.J.S.A. 2C:35-7 (count eight); and knowingly or purposely dispensing or distributing ...

docket:	a6059-05
court:	njappellate
decided:	2008-02-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	72719

207 STATE OF NEW JERSEY v. KABIR CONWAY -- rank: 533

... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count three); third-degree possession of heroin, N.J.S ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count six); third-degree distribution of less than five pounds ... distribution of marijuana within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count eight). Before us, defendant raises the following issues: POINT ...

docket:	a0620-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-10
status:	unpublished
citation:
Document Size:	54246

208 STATE OF NEW JERSEY v. NADIR LAWRENCE -- rank: 533

... degree distribution of heroin within 1000 feet of school property, N.J.S.A. 2C:35-7, (counts two and six). Defendant was sentenced to an aggregate ... is entitled to re-sentencing under the recent amendment to N.J.S.A. 2C:35-7, which authorizes a judge sentencing a defendant in a school ... or reduce the minimum term of parole ineligibility required under [ N.J.S.A. 2C:35-7(a)]" based upon factors specified in N.J.S.A. 2C:35-7(b)(1). Defendant is not eligible to invoke this statutory ... pursuant to N.J.S.A. 2C:43-6(f). N.J.S.A. 2C:35-7 provides that nothing therein "shall be construed to establish a ...

docket:	a5032-08
court:	superior court appellate division
decided:	2010-11-03
status:	unpublished
citation:
Document Size:	31303

209 STATE OF NEW JERSEY v. DENNIS HITCHENS -- rank: 533

... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (count three). In addition, defendant was charged in Accusation 07 ... with three years of parole ineligibility on a charge under N.J.S.A. 2C:35-7, was fatally vague. The Court stated: When a plea agreement ... below the mandatory minimum term of parole ineligibility prescribed by N.J.S.A. 2C:35-7, see N.J.S.A. 2C:35-12, it was ... original request to withdraw his plea. 6 An offense under N.J.S.A. 2C:35-7 is subject to the provisions of N.J.S.A ...

docket:	a0143-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-30
status:	published
citation:
Document Size:	65440

210 /usr/local/share/www/libweb/collections/courts/appellate/a1423-18.opn.html -- rank: 533

... possession with intent to distribute CDS in a school zone, N.J.S.A. 2C:35-7.2 Defendant filed a motion to suppress evidence, challenging the ... possession with intent to distribute CDS in a school zone, N.J.S.A. 2C:35-7(a), under Indictment 16-04-1092, arising from offenses committed ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	80209