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 Results for ("N.J.S.A. 2C:35-4")   1 to 15 of 130 results. Run time: 0.702 seconds | Search time: 0.699 seconds    
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1 State v. Harry Kittrell -- rank: 1000
... apartment of another is sufficient to sustain a conviction under N.J.S.A. 2C:35-4, the statute entitled "Maintaining or Operating a Controlled Dangerous Substance ... apartment of another is sufficient to sustain a conviction under N.J.S.A. 2C:35-4. Based on a review of the evidence and applying the ... as written, there is sufficient evidence to convict Kittrell under N.J.S.A. 2C:35-4. 1. For Kittrell to be convicted under N.J.S.A. 2C:35-4, he must "maintain a facility" that "manufactures" a controlled dangerous ... maintenance of a drug production facility that is prohibited under N.J.S.A. 2C:35-4. (pp. 9-13) 2. The legislative history of N.J.S.A. 2C:35-4 supports the conclusion that Kittrell's acts in Brown' ...
docket: a-107-95
court: njsupreme
decided: 1996-07-03
status:
citation: 145 N.J. 112
Document Size: 81568
2 /usr/local/share/www/libweb/collections/courts/appellate/a3722-17.opn.html -- rank: 888
... four additional offenses: first-degree maintaining a CDS production facility, N.J.S.A. 2C:35-4 (count five); third- A-3722-17T4 3 degree possession of ... the first-degree maintaining and operating a CDS production facility, N.J.S.A. 2C:35-4, offense charged in count five, and a consecutive four-year ... TRIAL COURT'S FAILURE TO PROPERLY CHARGE THE JURY UNDER N.J.S.A. 2C:35-4 WAS PLAIN ERROR AND DEPRIVED [GONZALEZ- ROSARIO] OF A FAIR ... argues his conviction for maintaining a CDS production facility under N.J.S.A. 2C:35-4 must be reversed because the court failed to properly instruct ... charge of maintaining a CDS production facility in violation of N.J.S.A. 2C:35-4. A-3722-17T4 25 200 N.J. 444, 465 (2009 ... Criminal), 'Maintaining or Operating a Controlled Dangerous Substance Production Facility (N.J.S.A. 2C:35-4)' (rev. Dec. 11, 2000). In pertinent part, the court ...
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Document Size: 75820
3 STATE OF NEW JERSEY v. CHRISTOPHER HARRIS, -- rank: 836
... 2C:35-3; maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; employing a juvenile in a drug distribution scheme, N.J ...
docket: a2256-19
court: NJ Superior Court Appellate Division
decided: 2021-02-18
status: Published
citation:
Document Size: 157525
4 STATE OF NEW JERSEY v. DIEGO ARROYO-NUNEZ -- rank: 836
... A. 2C:35-3: Leader of narcotics trafficking network 2. N.J.S.A. 2C:35-4: Maintaining or operating a CDS production facility 3. N.J ...
docket: a3746-20
court: NJ Superior Court Appellate Division
decided: 2022-01-18
status: Published
citation:
Document Size: 76245
5 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 820
... 6; first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; third-degree possession of heroin in Newark, N.J.S ... of parole ineligibility. This constituted a first-degree offense under N.J.S.A. 2C:35-4. Pursuant to N.J.S.A. 2C:43-6(a ... minimum sentence on that count. In addition, as required by N.J.S.A. 2C:35-4, the sentence "shall include the imposition of a minimum term ... half, rather than one-third, period of parole ineligibility under N.J.S.A. 2C:35-4. D. Consecutive Terms Dawmeen, Dawshon and Dawud argue that the ...
docket: A5387-04
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: Published
citation:
Document Size: 132364
6 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 820
... 6; first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; third-degree possession of heroin in Newark, N.J.S ... of parole ineligibility. This constituted a first-degree offense under N.J.S.A. 2C:35-4. Pursuant to N.J.S.A. 2C:43-6(a ... minimum sentence on that count. In addition, as required by N.J.S.A. 2C:35-4, the sentence "shall include the imposition of a minimum term ... half, rather than one-third, period of parole ineligibility under N.J.S.A. 2C:35-4. D. Consecutive Terms Dawmeen, Dawshon and Dawud argue that the ...
docket: A6158-04
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: Published
citation:
Document Size: 132363
7 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 820
... 6; first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; third-degree possession of heroin in Newark, N.J.S ... of parole ineligibility. This constituted a first-degree offense under N.J.S.A. 2C:35-4. Pursuant to N.J.S.A. 2C:43-6(a ... minimum sentence on that count. In addition, as required by N.J.S.A. 2C:35-4, the sentence "shall include the imposition of a minimum term ... half, rather than one-third, period of parole ineligibility under N.J.S.A. 2C:35-4. D. Consecutive Terms Dawmeen, Dawshon and Dawud argue that the ...
docket: A1282-05
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: unpublished
citation:
Document Size: 135133
8 STATE OF NEW JERSEY v. JOHN D. FITZGERALD -- rank: 820
... 6; first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; third-degree possession of heroin in Newark, N.J.S ... of parole ineligibility. This constituted a first-degree offense under N.J.S.A. 2C:35-4. Pursuant to N.J.S.A. 2C:43-6(a ... minimum sentence on that count. In addition, as required by N.J.S.A. 2C:35-4, the sentence "shall include the imposition of a minimum term ... half, rather than one-third, period of parole ineligibility under N.J.S.A. 2C:35-4. D. Consecutive Terms Dawmeen, Dawshon and Dawud argue that the ...
docket: a6176-04
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: Published
citation:
Document Size: 132384
9 STATE OF NEW JERSEY v. DIRON CHARLES WRIGHT -- rank: 780
... count of first-degree maintenance of a drug production facility, N.J.S.A. 2C:35-4. Defendant was convicted by a jury on all charges and ... MAINTAINING A PRODUCTION FACILITY" OF CRACK COCAINE IN VIOLATION OF N.J.S.A. 2C:35-4. POINT III: APPELLANT CANNOT BE SIMULTANEOUSLY PROSECUTED AND CONVICTED DURING TRIAL OF N.J.S.A. 2C:35-4 AND N.J.S.A. 2C:35-5 WHICH BOTH ... 2C:35-5 IS NOT A LESSER INCLUDED OFFENSE OF N.J.S.A. 2C:35-4 WHEN NEITHER THE UNITED STATES SUPREME COURT NOR THE NEW ... claims that he cannot be simultaneously prosecuted and convicted of N.J.S.A. 2C:35-4 and N.J.S.A. 2C:35-5 because both ... punished for the same conduct in separate counts. We disagree. N.J.S.A. 2C:35-4 provides: [A]ny person who knowingly maintains or operates ...
docket: a3978-08
court: NJ Superior Court Appellate Division
decided: 2011-12-08
status: unpublished
citation:
Document Size: 50532
10 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 749
... or operating a CDS production facility, heroin and/or cocaine, N.J.S.A. 2C:35-4 (Count Four); two counts of third-degree possession of heroin ...
docket: a5814-09
court: NJ Superior Court Appellate Division
decided: 2012-02-15
status: unpublished
citation:
Document Size: 144721
11 STATE OF NEW JERSEY v. LORENZO HOLDEN -- rank: 749
... drug offenses, including N.J.S.A. 2C:35-3, N.J.S.A. 2C:35-4, N.J.S.A. 2C:35-5, N.J.S ...
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
12 STATE OF NEW JERSEY v. DAWUD FITZGERALD -- rank: 749
... or operating a CDS production facility, heroin and/or cocaine, N.J.S.A. 2C:35-4 (Count Four); two counts of third-degree possession of heroin ...
docket: a5810-09
court: NJ Superior Court Appellate Division
decided: 2012-02-15
status: unpublished
citation:
Document Size: 144718
13 STATE OF NEW JERSEY v. DAWSHON FITZGERALD -- rank: 749
... or operating a CDS production facility, heroin and/or cocaine, N.J.S.A. 2C:35-4 (Count Four); two counts of third-degree possession of heroin ...
docket: a5134-09
court: NJ Superior Court Appellate Division
decided: 2012-02-15
status: unpublished
citation:
Document Size: 144721
14 STATE OF NEW JERSEY v. NADIR ROBERTS -- rank: 749
... with: first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; three counts of third- degree possession of a CDS, N ... of the facility to qualify under the statute.' We disagree. N.J.S.A. 2C:35-4 provides: [A]ny person who knowingly maintains or operates any ... added).] In Kittrell, the Supreme Court interpreted the language of N.J.S.A. 2C:35- 4 and N.J.S.A. 2C:35-2, specifically the ... 3d ed. 1976)). The defendant in Kittrell was charged under N.J.S.A. 2C:35-4, when police executed a search warrant at a co-defendant ... packaging or repackaging facility A-4210-16T2 9 pursuant to N.J.S.A. 2C:35-4. Ibid.; see also State v. Miles, 231 N.J. Super ... reverse an order dismissing a count charging a defendant under N.J.S.A. 2C:35-4). The Court explained: [F]or Kittrell to be convicted ...
docket: a4210-16
court: NJ Superior Court Appellate Division
decided: 2018-11-28
status: Unpublished
citation:
Document Size: 48977
15 STATE OF NEW JERSEY v. DANIEL A. MEDINA -- rank: 742
... including first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4, and fourth-degree certain persons not to possess weapons, N ... to first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35- 4, and second-degree tampering with a witness, N.J.S ... the first -degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4. Defendant argues his counsel's performance was deficient because 'there ... occasion,' as required to establish he committed the offense under N.J.S.A. 2C:35-4. State v. Kittrell, 145 N.J. 112, 122 (1996). We ... premises, place, or facility to manufacture CDS; and acting knowingly. N.J.S.A. 2C:35-4; see also Model Jury Charges (Criminal), 'Maintaining or Operating a Controlled Dangerous Substance Production A-1390-19 31 Facility (N.J.S.A. 2C:35-4)' (rev. Dec. 11, 2000). In our view, defendant's ...
docket: a1390-19
court: NJ Superior Court Appellate Division
decided: 2021-08-11
status: Unpublished
citation:
Document Size: 66262
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