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 Results for ("N.J.S.A. 2C:35-4")   1 to 15 of 92 results. Run time: 0.757 seconds | Search time: 0.749 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 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
3 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
4 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
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. 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
7 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
8 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
9 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
10 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
11 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
12 STATE OF NEW JERSEY v. FRANCIS S. WALKER -- rank: 735
... possession of a controlled dangerous substance (CDS) (cocaine), contrary to N.J.S.A. 2C:35-4.1c (Count Three). Following merger of Count One into Count ... under the totality of the circumstances. Defendant also argues that N.J.S.A. 2C:35-4.1 is vague, overbroad and, therefore, unconstitutional. N.J.S.A. 2C:35-4.1 prohibits the use of booby traps or fortified premises ... or any part of a structure by law enforcement officers. [ N.J.S.A. 2C:35-4.1c.] Section 4.1a(2) defines "structure" as "any building ... intent to distribute. Second, a person may be guilty under N.J.S.A. 2C:35-4.1 if he violates an enumerated CDS offense in a ... requiring imposition of a consecutive term for a conviction of N.J.S.A. 2C:35-4.1 is unconstitutional because it violates the double jeopardy ...
docket: a3632-02
court: njappellate
decided: 2006-05-12
status: unpublished
citation: *CITE_PENDING*
Document Size: 73860
13 STATE OF NEW JERSEY VS KEVIN PLEASANT -- rank: 718
... by an adult in connection with a violation of either N.J.S.A. 2C:35-4 or N.J.S.A. 2C:35-5a. N.J.S.A. 2C:35-4 deals with maintaining or operating a CDS production facility and ... the involvement of a juvenile in a violation of either N.J.S.A. 2C:35-4 or N.J.S.A. 2C:35-4 deals with a drug production facility and has no application ...
docket: a3012-95
court: njappellate
decided: 1998-06-24
status: published
citation: <a href=
Document Size: 51987
14 STATE OF NEW JERSEY v. YSAIAS SEVERINO-LANTIGUA -- rank: 690
... Count Seventeen); and first-degree maintaining a CDS production facility, N.J.S.A. 2C:35-4 (Count Eighteen). 1 In October 2012, defendant pled guilty to ...
docket: a3906-14
court: NJ Superior Court Appellate Division
decided: 2016-11-15
status: unpublished
citation:
Document Size: 32386
15 STATE OF NEW JERSEY v. JAIME GONZALEZ, A -- rank: 631
... degree fortification of premises for purposes of illegal narcotics activity, N.J.S.A. 2C:35-4.1c (count twenty-four); second degree possession of a firearm ...
docket: a5195-12
court: New Jersey Superior Court Appellate Division
decided: 2015-05-13
status: Published
citation:
Document Size: 61391
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