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106 State v. Terrence Miller -- rank: 592

... with intent to distribute on or near a public park, N.J.S.A. 2C:35-7.1(a), one count of third-degree distribution of CDS ... degree distribution of CDS on or near a public park, N.J.S.A. 2C:35-7.1(a). Defendant privately retained an attorney, and that attorney ... with intent to distribute on or near a public park, N.J.S.A. 2C:35-7.1(a). On each of those charges alone, if convicted ...

docket:	A-35-11
court:	NJ Supreme Court
decided:	2013-10-02
status:
citation:	216 N.J. 40 76 A.3d 1250
Document Size:	146820

107 STATE OF NEW JERSEY v. RYAN I. BUNTY -- rank: 592

... substance (MDMA) on or near school property, in violation of N.J.S.A. 2C:35-7 (count two), third- degree distribution on February 7, 2012 of ... dangerous substance on or near school property, in violation of N.J.S.A. 2C:35-7 (count four); third-degree distribution on March 21, 2012 of ... substance on or near school property (Ketamine), in violation of N.J.S.A. 2C:35-7 (count six), third-degree distribution on April 12, 2012 of ... substance on or near school property (MDMA), in violation of N.J.S.A. 2C:35-7 (count eight), and third-degree possession of a controlled dangerous ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7, as a presumptively disqualifying offense because, even though it was ...

docket:	a2745-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-11-11
status:	Published
citation:
Document Size:	30726

108 STATE OF NEW JERSEY v. TODD DORN -- rank: 592

... of a public housing facility, public park, or public building, N.J.S.A. 2C:35-7.1 (count one); third-degree possession with intent to distribute ... of a public housing facility, public park, or public building, N.J.S.A. 2C:35-7.1 (count two); 1 third-degree distribution of a CDS ... feet of a public housing facility or public park under N.J.S.A. 2C:35-7.1. Distributing CDS within 500 feet of public housing facility ... this offense as a third-degree crime, an offense under N.J.S.A. 2C:35-7.1 is "a crime of the second degree, except that ...

docket:	a6189-12
court:	NJ Superior Court Appellate Division
decided:	2016-09-26
status:	unpublished
citation:
Document Size:	82853

109 STATE OF NEW JERSEY v. HERIBERTO SOTO -- rank: 589

... third degree possession of a controlled dangerous substance (CDS), cocaine, N.J.S.A. 2C:35-7 (count three); second degree possession of CDS with the intent to distribute within 500 feet of public property, N.J.S.A. 2C:35-7.1 (count four); third degree possession of CDS, ecstasy pills ... the intent to distribute within 1000 feet of a school, N.J.S.A. 2C:35-7, and for possession of a firearm while in the course of committing a violation of N.J.S.A. 2C:35-7, N.J.S.A. 2C:39-4.1, must merge ... merger was necessary despite the anti-merger provision contained in N.J.S.A. 2C:35-7. In Dillihay , defendant was convicted for possession of drugs with ... 418, that the defendant could not be punished separately under N.J.S.A. 2C:35-7, for third degree possession of CDS with the intent ...

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

110 STATE OF NEW JERSEY v. GARY ROBERT DAVIS -- rank: 589

... controlled dangerous substance (CDS) in the third-degree, contrary to N.J.S.A. 2C:35-7 (count four); and third-degree distribution of a CDS on or within 1000 feet of school property, contrary to N.J.S.A. 2C:35-7 (count five). We affirm defendant's convictions and his sentence ... disqualifier," he is now entitled to a remand pursuant to N.J.S.A. 2C:35-7 and State v. Vasquez , 129 N.J. 189 (1992). N.J.S.A. 2C:35-7 states, in pertinent part, that "[a]ny person who violates ... same substances with intent to distribute within a school zone, N.J.S.A. 2C:35-7. As is the case here, all violations were a part ...

docket:	a1859-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-10
status:	unpublished
citation:
Document Size:	91653

111 STATE OF NEW JERSEY v. JASON SHELLEY -- rank: 589

... School was not an "elementary school" within the meaning of N.J.S.A. 2C:35-7. We agree, and therefore vacate defendant's school-zone conviction ... kindergarten is not an "elementary school" within the meaning of N.J.S.A. 2C:35-7. The motion judge disagreed, finding that although the Goddard School ... elementary school for purposes of the criminal school-zone statute. N.J.S.A. 2C:35-7 provides, in pertinent part, that one is guilty of a ... the criminal prescriptive purposes of the school-zone statute. Because N.J.S.A. 2C:35-7 does not define "elementary" school, the State suggests, as an ... position that the Goddard School falls within the scope of N.J.S.A. 2C:35-7 as an elementary school. Current DOE administrative regulations define "elementary ... meet compulsory attendance requirements, into an elementary school. As noted, N.J.S.A. 2C:35-7 clearly does not apply to pre-schools or day ...

docket:	a0868-07
court:	superior court appellate division
decided:	2010-03-22
status:	unpublished
citation:
Document Size:	34853

112 STATE OF NEW JERSEY v. BRETT KEARNS -- rank: 587

... guilty to distributing cocaine within 1000 feet of school property, N.J.S.A. 2C:35-7. The defendant's plea provided that the three-year period of parole ineligibility required under N.J.S.A. 2C:35-7 would be waived by the prosecutor, as permitted by N ... for mandatory sentences" and the parole disqualifier called for in N.J.S.A. 2C:35-7 and -12, the Court noted: The mandatory term of section ... N.J. at 201-02.] The Court concluded that because N.J.S.A. 2C:35-7 and -12 provide for waiver of the mandatory term in ... adequate findings." Ibid. In direct contrast to the provisions of N.J.S.A. 2C:35-7 and -12, N.J.S.A. 2C:15-1. Unlike N.J.S.A. 2C:35-7 and -12, parole ineligibility under NERA is not waivable. ...

docket:	a5034-04
court:	njappellate
decided:	2007-05-15
status:	published
citation:	393 N.J. Super. 107
Document Size:	39334

113 STATE OF NEW JERSEY v. JOHN WHITE -- rank: 587

... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7; third-degree possession of prescription legend drugs with intent to ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (Count Five); fourth-degree possession with intent to distribute, N ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (Count Seven); third-degree possession of prescription legend drugs with ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35- 7(a). At trial, the judge recognized that defendant should be ... rather than the five-year sentence imposed. A violation of N.J.S.A. 2C:35-7(a) is a third-degree crime, and carries a minimum ...

docket:	a5241-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-22
status:	unpublished
citation:
Document Size:	49088

114 STATE OF NEW JERSEY v. STEPHEN J. VITKOW -- rank: 587

... denied , 165 N.J. 678 (2000) (minimum mandatory sentence under N.J.S.A. 2C:35-7, school zone statute); see also State v. DeJesus , 252 N ...

docket:	a3290-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-12
status:	unpublished
citation:
Document Size:	29175

115 STATE OF NEW JERSEY v. JAMES F. GARNER -- rank: 585

... of heroin with intent to distribute within a school zone, N.J.S.A. 2C:35-7. Defendant argues that evidence seized by police should have been ... of heroin with intent to distribute in a school zone, N.J.S.A. 2C:35-7 (count three); fourth-degree possession of marijuana with intent to ... of marijuana with intent to distribute in a school zone, N.J.S.A. 2C:35-7 (count five); fourth-degree possession of over 50 grams of ... of marijuana with intent to distribute in a school zone, N.J.S.A. 2C:35-7 (count eight). Defendant moved to suppress the evidence which formed ... to count six of Indictment No. 09-06-0512, charging N.J.S.A. 2C:35-7, in exchange for the State's recommendation of a five ...

docket:	a0581-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-04
status:	unpublished
citation:
Document Size:	31065

116 STATE OF NEW JERSEY v. TERREL F. GOLDSMITH -- rank: 583

... CDS with the intent to distribute within a school zone, N.J.S.A. 2C:35-7 (count four); and second-degree possession of CDS with the ... distribute within 500 feet of a public housing, contrary to N.J.S.A. 2C:35-7.1 (count five). The indictment also charged Goldsmith with second ...

docket:	a2496-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-07
status:	unpublished
citation:
Document Size:	78326

117 STATE OF NEW JERSEY v. NASSER JACOBS -- rank: 583

... 2 (count one); possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-7 (counts four and eight); and possession of CDS with intent to distribute within 500 feet of public housing, N.J.S.A. 2C:35-7.1 (counts five and nine). On November 29, 2001, defendant ... charged in Indictment 04-05-2110 with possession of CDS, N.J.S.A. 2C:35-7 (count three); possession of CDS with intent to distribute within 500 feet of public housing, N.J.S.A. 2C:35-7.1 (count four); unlawful possession of a weapon, N.J ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (count three); distribution of CDS, N.J.S.A. 2C ... four); distribution of CDS within 1000 feet of school property, N.J.S.A. 2C:35-7 (count five); distribution of CDS within 500 feet of ...

docket:	a3314-04
court:	njappellate
decided:	2007-05-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	30811

118 STATE OF NEW JERSEY v. KAREEM A. HARRIS and JEAN A. ST. FLEUR, a/k/a JAMES HALL, and FABIAN C. WALKER and MILO ST. FLEUR -- rank: 583

... more ounces of marijuana within 1000 feet of a school, N.J.S.A. 2C:35-7; and A-2564-16T2 5 second-degree possession of marijuana ... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1. In addition, St. Fleur was charged with second-degree ... more ounces of marijuana within 1000 feet of a school, N.J.S.A. 2C:35-7, and second-degree possession of a weapon by certain persons ...

docket:	a2564-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-14
status:	Unpublished
citation:
Document Size:	29110

119 STATE OF NEW JERSEY v. JAVAN FOWLER -- rank: 579

... or within 1000 feet of school property (school zone violation), N.J.S.A. 2C:35-7 (count three); second-degree possession of a CDS with intent ... within 500 feet of a public park (public park violation), N.J.S.A. 2C:35-7.1 (count four); third-degree distribution of a CDS, N ... or within 1000 feet of school property (school zone violation), N.J.S.A. 2C:35-7 (count six); and second-degree distribution of a CDS in ... within 500 feet of a public park (public park violation), N.J.S.A. 2C:35-7.1 (count seven). 2 The same indictment charged co-defendant ...

docket:	a2126-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-08
status:	unpublished
citation:
Document Size:	53355

120 STATE OF NEW JERSEY v. KENNETH K. GUMBS -- rank: 579

... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5a (counts three ...

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