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1 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 1000

... of CDS within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1 (counts 106, 113, 123, 131, 184, 191, and 198); third ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

2 State v. DeShaun P. Wilson -- rank: 871

... map, prepared and adopted by a governmental entity pursuant to N.J.S.A. 2C:35-7.1(e), violates the Confrontation Clause of the Sixth Amendment to ... of those areas within Union County in criminal prosecutions under N.J.S.A. 2C:35-7.1.ā€¯ Wilson objected to the admission of the three documents ... map admissible under New Jerseyā€™s Rules of Evidence and N.J.S.A. 2C:35-7.1(e). The Court granted Wilsonā€™s petition for certification ā ... The map commissioned and adopted by the Board pursuant to N.J.S.A. 2C:35-7.1(e) is nontestimonial and its admission therefore did not violate ... rights. Further, such maps are admissible, if properly authenticated, under N.J.S.A. 2C:35-7.1(e) and as public records pursuant to N.J.R ... to be later used against those charged with violations of N.J.S.A. 2C:35-7.1 and that documents prepared for use in a prosecution ...

docket:	A-42-15
court:	NJ Supreme Court
decided:	2017-01-19
status:
citation:	227 N.J. 534 152 A.3d 930
Document Size:	84590

3 State of New Jersey v. Jason Shelley -- rank: 843

... third-degree distribution of cocaine near school property contrary to N.J.S.A. 2C:35-7. 1 He filed a motion to dismiss the charge on the ...

docket:	a-109-09
court:	NJ Supreme Court
decided:	2011-03-09
status:
citation:
Document Size:	88382

4 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 815

... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1; third-degree possession of cocaine in Elizabeth, N.J.S ... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1; first-degree financial facilitation of criminal activity, N.J.S ... 35-7 is merged into a public-park conviction under N.J.S.A. 2C:35-7.1, the mandatory parole-ineligibility term of N.J.S.A ... to distribute within 500 feet of a public park under N.J.S.A. 2C:35-7.1. In State v. Parker , supra , 335 N.J. Super. at ...

docket:	A1282-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	unpublished
citation:
Document Size:	135133

5 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 815

docket:	A6158-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132363

6 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 815

docket:	A5387-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132364

7 STATE OF NEW JERSEY v. JOHN D. FITZGERALD -- rank: 815

docket:	a6176-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132384

8 STATE OF NEW JERSEY v. NAEEM BLUNT -- rank: 798

... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count four). 1 The trial judge denied defendant's motion ... A REASONABLE DOUBT THAT [DEFENDANT] VIOLATED THE PARK ZONE STATUTE, N.J.S.A. 2C:35-7.1, AND HIS CONVICTIONS MUST BE REVERSED. POINT II [DEFENDANT'S ... distribute within five hundred feet a public park pursuant to N.J.S.A. 2C:35-7.1(a). The statute provides as follows, in pertinent part: Any ... park . . . is guilty of a crime of the second degree[.] [ N.J.S.A. 2C:35-7.1(a).] "Public park" is defined as "a park, recreation facility ... or controlled by a State, county or local government unit." N.J.S.A. 2C:35-7.1(f). Defendant contends in Point I that he did not violate N.J.S.A. 2C:35-7.1(a) because Berry Lane Park was not a "public ...

docket:	a2635-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-30
status:	unpublished
citation:
Document Size:	41796

9 State of New Jersey v. James Lewis -- rank: 785

... 2. We reject Lewis’s contention that a conviction under N.J.S. A 2C: 35-7.1 only may be sustained if the drugs are actually located ... park is guilty of a crime of the second degree. N.J.S.A. 2C:35-7.1. The question before us is whether a defendant may be ... of fourth-degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-7.1 (count three); third-degree possession of cocaine, N.J.S.A. 2C:35-7.1 (count seven). At sentencing, the trial court granted the State ... both constructive and actual possession were adequate for purposes of N.J.S.A. 2C:35-7.1. The panel concluded that the jury’s finding that defendant ... affirm. II. Defendant contends that under the express language of N.J.S.A. 2C:35-7.1, he cannot be guilty of possession with intent to ...

docket:	a-84-04
court:	njsupreme
decided:	2005-12-08
status:
citation:	185 N.J. 363
Document Size:	58575

10 STATE OF NEW JERSEY v. KASHIF K. PATTERSON -- rank: 778

... trafficking within 500 feet of a public housing facility under N.J.S.A. 2C:35-7.1. Thus, we remand for the vacating of defendant's sentences ... public housing facility, a public park, or a public building." N.J.S.A. 2C:35-7.1. Defendant now challenges the imposition of a mandatory extended term ... Subsection 6(f) does not list the public facility offense, N.J.S.A. 2C:35-7.1. Instead, Subsection 6(f) clearly and unambiguously lists only N ... We note that Subsection 6(f)'s non-inclusion of N.J.S.A. 2C:35-7.1 may simply be a matter of timing. Subsection 6(f ... 1987, c. 106, Ā§ 12. The public facility offense in N.J.S.A. 2C:35-7.1 was enacted in 1997. L. 1997, c. 327, Ā§ 1 ... and -7. Id. at 169. In the legislative history of N.J.S.A. 2C:35-7.1, there is no reference to Subsection 6(f). Even " ...

docket:	a2055-10
court:	NJ Superior Court Appellate Division
decided:	2014-05-09
status:	published
citation:	435 N.J.Super. 498 89 A.3d 616
Document Size:	56310

11 STATE OF NEW JERSEY v. DARYL C. PARKER, -- rank: 748

... public housing facility, a public park, or a public building, N.J.S.A. 2C:35-7.1 (count five) (the public park offense). Consistent with a plea ... 7 should have merged into his second degree conviction under N.J.S.A. 2C:35-7.1. However, we also hold that the provision for a mandatory ... sentence should be imposed on the second degree conviction under N.J.S.A. 2C:35-7.1. See footnote 1 1 N.J.S.A. 2C:35-7.1 was enacted after N.J.S.A. 2C:35-7 ... feet of a public park, as occurred in this case. N.J.S.A. 2C:35-7.1 provides in pertinent part: a. Any person who violates subsection ... first to the question of legislative intent. In this case, N.J.S.A. 2C:35-7.1 does not contain an anti-merger provision prohibiting merger ...

docket:	A2217-98
court:	NJ Superior Court Appellate Division
decided:	2000-12-06
status:	published
citation:	335 N.J. Super. 415
Document Size:	30685

12 STATE OF NEW JERSEY v. RABAH RABAH -- rank: 744

... 0351-21 5 within 500 feet of a public park, N.J.S.A. 2C:35-7.1; (2) third-degree possession of CDS with intent to distribute ...

docket:	a0351-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:	Unpublished
citation:
Document Size:	36204

13 STATE OF NEW JERSEY v. NEQUITA TROTMAN -- rank: 739

... distribution of a controlled dangerous substance (CDS) (cocaine), contrary to N.J.S.A. 2C:35-7.1 (Count Two). Defendant was sentenced to a flat seven-year ... N.J.S.A. 40A:12A-1 nor that in N.J.S.A. 2C:35-7.1. Defendant contended that the map may indicate no more than ... various segments of the population and different financial models, whereas N.J.S.A. 2C:35-7.1 contemplates a building or series of structures owned by or ... that her conviction should be reversed. Defendant was charged under N.J.S.A. 2C:35-7.1, the drug free public housing zone statute. Section 7.1 ... or leased in accordance with the LRHL. Subsection (e) of N.J.S.A. 2C:35-7.1 establishes the type of proof necessary to demonstrate that the ... law interpreting this lengthy provision. The only cases which address N.J.S.A. 2C:35-7.1 concern its merger provisions, not the adequacy of proof. ...

docket:	A2431-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-05
status:	published
citation:	366 N.J. Super. 226 840 A.2d 952
Document Size:	31472

14 STATE OF NEW JERSEY v. DESHAUN P. WILSON -- rank: 722

... 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 defendant ... 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's ... him"). 5 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 government ... 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 N ... vagueness challenge to N.J.S.A. 2C:35-7). N.J.S.A. 2C:35-7.1(e) provides in pertinent part: In a prosecution under this ... public housing facility, a public park, or a public building . . . . [ N.J.S.A. 2C:35-7.1(e); see also N.J.S.A. 2C:35- ...

docket:	a2097-12
court:	NJ Superior Court Appellate Division
decided:	2015-09-10
status:	unpublished
citation:	442 N.J.Super. 224 121 A.3d 921
Document Size:	92206

15 STATE OF NEW JERSEY v. ANTOINE STEVENS -- rank: 707

... 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.A ... 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 a ... 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 prosecution ... 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 may be ... all held, in combination, sufficient to convict the defendant under N.J.S.A. 2C:35-7.1(a). Id. at 236-37. Here, Officer Goodman is likewise ... in N.J.S.A. 2C:35-7 and in N.J.S.A. 2C:35-7.1. The courtroom nomenclature was proper and not prejudicial. In ...

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

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