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46 STATE OF NEW JERSEY v. JOSEPH HOLLEY -- rank: 670

... dangerous substance (heroin) within 1000 feet of a school zone, N.J.S.A. 2C:35-7 (count five); second-degree possession with intent to distribute a ... dangerous substance (heroin) within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count six); second-degree conspiracy to distribute a controlled ... dangerous substance (heroin) within 1000 feet of a school zone, N.J.S.A. 2C:35-7 (count three); and second- 4 A-5547-15T3 degree possession ... dangerous substance (heroin) within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count four). Less than a month later, on October ... dangerous substance (heroin) within 1000 feet of a school zone, N.J.S.A. 2C:35-7 (count three); and second- 6 A-5547-15T3 degree possession ... dangerous substance (heroin) within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count four). Defendant applied for admission to Drug ...

docket:	a5547-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-19
status:	unpublished
citation:
Document Size:	49342

47 /usr/local/share/www/libweb/collections/courts/appellate/a5077-15a5078-15a5146-15a5147-15a5160-15.opn.html -- rank: 665

... bargained 180-day custodial sentence for a school zone offense, N.J.S.A. 2C:35-7, was a 'lesser term of imprisonment' under N.J.S ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	64436

48 STATE OF NEW JERSEY v. GUSTAVO MARIN -- rank: 663

... distribution of cocaine within 500 feet of a public park, N.J.S.A. 2C:35-7.1a; fourth-degree unlawful taking of a means of conveyance ... 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 ... 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 ... 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 ... 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 ... 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 ...

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status:	unpublished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

49 /usr/local/share/www/libweb/collections/courts/appellate/a2097-12redacted.opn.html -- rank: 661

... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count three). Following an evidentiary hearing, the judge denied ... prior testimony. Utilizing an enlargement of a certified map, see N.J.S.A. 2C:35-7.1(e), Detective Brendan Sullivan of the Union County Prosecutor ... him"). 4 The State counters by arguing that, pursuant to N.J.S.A. 2C:35-7.1(e), the map was admissible as a business or ... for purposes of the Confrontation Clause, was not "testimonial." A. N.J.S.A. 2C:35-7.1(a) provides: Any person who violates subsection a. of ... of the second degree . . . . The purpose of the statute, and N.J.S.A. 2C:35-7, is essentially the same: to protect those, predominantly children, in ... 471-72 (App. Div. 1989) (rejecting constitutional vagueness challenge to N.J.S.A. 2C:35-7). N.J.S.A. 2C:35-7.1(e) ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	71848

50 STATE OF NEW JERSEY v. GIOVANNI GUTIERREZ -- rank: 661

... of cocaine with intent to distribute in a school zone, N.J.S.A. 2C:35-7 (count two); and second-degree possession of cocaine 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 ... two, the judge sentenced defendant as follows: on count two, N.J.S.A. 2C:35-7, an extended term of ten years, five to 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 ... we held that because imposition of concurrent sentences 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 ...

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

51 State v. Todd Dor -- rank: 659

... or 2.65 ounces, of marijuana in defendant’s home. N.J.S.A. 2C:35-7.1(a) provides that the possession of more than one ... public housing, a public park, or public building, contrary to N.J.S.A. 2C:35-7.1 (count one); third-degree possession of marijuana with the ... public housing, a public park, or public building, contrary to N.J.S.A. 2C:35-7.1 (count two); third-degree distribution of heroin (count three ... the count two charge. Similarly, while count one refers to N.J.S.A. 2C:35-7.1, it charges second-degree possession with the intent to ... s home. 2 75.01 grams equals 2.65 ounces. N.J.S.A. 2C:35-7.1(a) provides that the possession of more than one ... public housing, a public park, or public building, contrary to N.J.S.A. 2C:35-7.1 (count one); third- degree possession of marijuana with ...

docket:	a_54_16
court:	NJ Supreme Court
decided:	2018-04-25
status:
citation:
Document Size:	47839

52 STATE OF NEW JERSEY v. ANTOINE STEVENS -- rank: 659

... intent to distribute within 1000 feet of a school zone, N.J.S.A. 2C:35-7 (count three); second-degree possession of heroin with intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count four); third-degree aggravated assault, N.J.S ... 1, 9 10 POINT V THE DEFENDANT'S CONVICTIONS UNDER N.J.S.A. 2C:35- 7 AND 2 C:35-7.1 MUST MERGE POINT VI ... statutory scheme pertaining to the 500-foot map is straightforward. N.J.S.A. 2C:35-7.1(a) provides that: [a]ny person who violates subsection ... respect to an "official" map depicting the 500-foot boundaries, N.J.S.A. 2C:35-7.1(e) provides, in pertinent part, that: [i]n a ... map has been adopted pursuant to a formal municipal ordinance, N.J.S.A. 2C:35-7.1(e) further provides that an alternative "unofficial" map ...

docket:	a4166-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	105156

53 STATE OF NEW JERSEY v. STANLEY MATTHEWS -- rank: 652

... Release Act]; (3) a crime, other than that defined in N.J.S.[A.] 2C:35-7 [the sale or distribution of a controlled dangerous substance on ... should a defendant be sentenced to a drug program under N.J.S.A. 2C:35-7, which the judge found to be similar to offenses under ...

docket:	a4276-03
court:	njappellate
decided:	2005-06-22
status:	published
citation:	378 N.J. Super. 396
Document Size:	49490

54 STATE OF NEW JERSEY v. TREVOR FRANKLIN -- rank: 652

... County grand jury: fourth-degree possession of marijuana, contrary to N.J.S.A. 2C:35-7.1 (count five); t hird-degree distribution of marijuana, contrary to N.J.S.A. 2C:35-7.1 (count eleven). Before sentencing, the State of New Jersey ... to an extended term of imprisonment for each violation of N.J.S.A. 2C:35-7.1. N.J.S.A. 2C:43-6f allows the ... 3 (being a leader of a narcotics trafficking network); or N.J.S.A. 2C:35-7 (distributing, dispensing or possessing with intent to distribute a controlled ... its motion to impose an extended term must be granted. N.J.S.A. 2C:35-7.1, second degree offenses, required his imposition of an extended term of imprisonment as provided by N.J.S.A. 2C:35-7.1, however, is not one of the specified drug ...

docket:	A0541-04
court:	NJ Superior Court Appellate Division
decided:	2007-02-20
status:	unpublished
citation:
Document Size:	52523

55 STATE OF NEW JERSEY v. DEREK JUDSON -- rank: 652

... certain persons not to have a weapon, in violation of N.J.S.A. 2C:35- -7 and 2C:39-7(b)(1). Defendant's counsel moved ...

docket:	a1649-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-21
status:	Unpublished
citation:
Document Size:	25703

56 STATE OF NEW JERSEY v. COREY ARMSTEAD -- rank: 648

... one) third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-7 and 2C:35-5a; and (count four) second-degree possession ... with intent to distribute within 500 feet of public housing, N.J.S.A. 2C:35-7.1 and 2C:35-5a. At defendant's sentencing on ... distribute within 500 feet of public housing, in violation of N.J.S.A. 2C:35-7.1. That statute is not listed as one subject to ... prior conviction for a drug offense involving distribution. Violation of N.J.S.A. 2C:35-7.1 is not among the four statutes designated. Nevertheless, the State argues that a violation of N.J.S.A. 2C:35-7.1 is included in the extended term statute by implication. N.J.S.A. 2C:35-7.1 states in relevant part: Any person who violates ...

docket:	a4533-07
court:	superior court appellate division
decided:	2010-03-12
status:	unpublished
citation:
Document Size:	62092

57 STATE OF NEW JERSEY v. LAMONT TAYLOR -- rank: 648

... distribute on or within 500 feet of a public park, N.J.S.A. 2C:35-7.1(a); (4) fourth-degree obstruction against defendant only, N ... distribute on or within 1,000 feet of school property, N.J.S.A. 2C:35-7(a). 1 See DRUG E NFORCEMENT ADMINISTRATION , N-ethylpentylone (2019 ... controlled dangerous substances within 500 feet of public property under N.J.S.A. 2C:35-7.1(a). Defendant asserts he never intended to distribute drugs ... extent.' Ibid. (internal quotation marks omitted). A-0583-19 21 N.J.S.A. 2C:35-7.1 does not require a defendant intended to distribute drugs ... In State v. Gregory, our Supreme Court explained that under N.J.S.A. 2C:35-7, an analogous statute prohibiting distribution of drugs near a school ... the State presented evidence sufficient to satisfy the requirements under N.J.S.A. 2C:35-7.1. E. We also reject defendant's argument that ...

docket:	a0583-19
court:	NJ Superior Court Appellate Division
decided:	2022-10-11
status:	Unpublished
citation:
Document Size:	45393

58 G.A.-H. v. K.G.G. -- rank: 648

... waived the three-year period of parole ineligibility mandated by N.J.S.A. 2C:35-7 for certain drug offenses committed in a school zone, with ...

docket:	a-28-18
court:	NJ Supreme Court
decided:	2019-06-26
status:
citation:	--- A.3d ----
Document Size:	73879

59 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 646

... CDS with intent to distribute on or near school property, N.J.S.A. 2C:35-7; fourth-degree tampering with evidence, N.J.S.A. 2C ...

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

60 STATE OF NEW JERSEY v. DAWSHON FITZGERALD -- rank: 646

... degree distribution of heroin within 1000 feet of school property, N.J.S.A. 2C:35-7 (Counts Seven and Thirteen); two counts of third-degree possession ... degree distribution of cocaine within 1000 feet of school property, N.J.S.A. 2C:35-7 (Counts Ten and Seventeen); second-degree possession of heroin with ... distribution of heroin within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (Count Fourteen); third-degree possession of cocaine with intent ... distribution of cocaine within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (Count Eighteen); first-degree financial facilitation of criminal activity ...

docket:	a5134-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-15
status:	unpublished
citation:
Document Size:	144721