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 Results for ("N.J.S.A. 2C:35-7")   1 to 15 of 1445 results. Run time: 0.576 seconds | Search time: 0.569 seconds    
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1 State of New Jersey v. Jason Shelley -- rank: 1000
... small kindergarten class constitutes an elementary school for purposes of N.J.S.A. 2C:35-7, which establishes the criminal penalty for selling or attempting to ... third-degree distribution of cocaine near school property contrary to N.J.S.A. 2C:35-7. He filed a motion to dismiss the charge, arguing that ... render the institution an elementary school under the language of N.J.S.A. 2C:35-7. The Court granted the State’s petition for certification. 203 ... Appellate Division correctly vacated defendant Jason Shelley’s conviction under N.J.S.A. 2C:35-7 for distributing illicit drugs within 1,000 feet of a ... interpreted in favor of the defendant. (Pp. 5-4) 2. N.J.S.A. 2C:35-7 makes it a crime to distribute, dispense, or possess with ... to discern the Legislature’s intent. (Pp. 5-7) 3. N.J.S.A. 2C:35-7 was adopted in connection with the Comprehensive Drug Reform ...
docket: a-109-09
court: NJ Supreme Court
decided: 2011-03-09
status:
citation:
Document Size: 88360
2 State v. DeShaun P. Wilson -- rank: 968
... 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 ... of those areas within Union County in criminal prosecutions under N.J.S.A. 2C:35-7.1.” Wilson objected to the admission of the three ... map admissible under New Jersey’s Rules of Evidence and N.J.S.A. 2C:35-7.1(e). The Court granted Wilson’s petition for certification ... 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 ... 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 ... 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 ...
docket: A-42-15
court: NJ Supreme Court
decided: 2017-01-19
status:
citation:
Document Size: 84435
3 State v. Anthony Caliguiri -- rank: 929
... distribute within 1000 feet of school property, in violation of N.J.S.A. 2C:35-7. Caliguiri, who had an unblemished record, a job, and good ... Appellate Division held PTI presumptively unavailable to defendants charged under N.J.S.A. 2C:35-7, unless the prosecutor determined that the proofs available for trial ... again ordered reconsideration of Caliguiri's application, concluding that violating N.J.S.A. 2C:35-7 was analogous to committing a second-degree offense, for which ... the State. HELD : While prosecutors may not treat offenders of N.J.S.A. 2C:35-7 as categorically ineligible for admission to PTI, they may treat N.J.S.A. 2C:35-7 as equivalent to a second-degree offense and consider PTI ... patent and gross abuse of discretion. (pp. 8-9) 3. N.J.S.A. 2C:35-7 is a third-degree crime, which allows for alternative ...
docket: a-214-97
court: njsupreme
decided: 1999-04-14
status:
citation: 158 N.J. 28
Document Size: 66057
4 State v. Davon M. Johnson -- rank: 924
... dangerous substance (CDS) within 1000 feet of a school zone, N.J.S.A. 2C:35-7(a). Both the presumption against PTI for second-degree offenses ... charged with motor vehicle and CDS offenses, including violation of N.J.S.A. 2C:35-7(a). He applied for PTI and included a statement of ... J. 28, 43 (1999), which permitted prosecutors to treat an N.J.S.A. 2C:35-7 offense as a second-degree offense, thereby triggering the presumption ... against PTI for second-degree offenders cannot be applied to N.J.S.A. 2C:35- 7(a) offenders. And the presumption against PTI for the ... pp. 9-11) 2. The penalty structure for violations of N.J.S.A. 2C:35-7, which is part of the Comprehensive Drug Reform Act of ... Caliguiri, the Court found the “especially stern punishments” for N.J.S.A. 2C:35-7 offenders, “[i]n light of the general tenor ...
docket: a-58-17
court: NJ Supreme Court
decided: 2019-05-30
status:
citation:
Document Size: 37978
5 State of New Jersey v. James Lewis -- rank: 919
... substance. The plain meaning of the park zone penal provision, N.J.S.A . 2C: 35-7.1a is that anyone violating N.J.S.A 2C ... 2.We reject Lewiss contention that a conviction under N.J.S. A 2C: 35-7.1 only may be sustained if the drugs are actually ... 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 ... 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 ... both constructive and actual possession were adequate for purposes of N.J.S.A. 2C:35-7.1. The panel concluded that the jurys finding ...
docket: a-84-04
court: njsupreme
decided: 2005-12-08
status:
citation: 185 N.J. 363
Document Size: 58575
6 STATE OF NEW JERSEY v. DARYL C. PARKER, -- rank: 895
... distribute within 1,000 feet of school property, contrary to N.J.S.A. 2C:35-7 (count four); second degree possession of a controlled dangerous substance ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count four) (the school zone offense), and second degree possession ... 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 ... we agree with defendant that his third degree conviction under N.J.S.A. 2C:35-7 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 minimum term in N.J.S.A. 2C:35-7 survives the merger and, accordingly, the thirty- month mandatory ...
docket: A2217-98
court: NJ Superior Court Appellate Division
decided: 2000-12-06
status: published
citation: 335 N.J. Super. 415
Document Size: 30685
7 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 893
... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; third-degree possession of cocaine in Newark, N.J.S ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; third-degree possession of heroin in Elizabeth, N.J.S ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; second-degree possession of heroin in Elizabeth with the 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 ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; second-degree possession of cocaine in Elizabeth with the 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. ...
docket: A5387-04
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: Published
citation:
Document Size: 132364
8 STATE OF NEW JERSEY v. JOHN D. FITZGERALD -- rank: 893
... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; third-degree possession of cocaine in Newark, N.J.S ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; third-degree possession of heroin in Elizabeth, N.J.S ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; second-degree possession of heroin in Elizabeth with the 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 ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; second-degree possession of cocaine in Elizabeth with the 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. ...
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. DAWMEEN FITZGERALD -- rank: 893
... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; third-degree possession of cocaine in Newark, N.J.S ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; third-degree possession of heroin in Elizabeth, N.J.S ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; second-degree possession of heroin in Elizabeth with the 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 ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; second-degree possession of cocaine in Elizabeth with the 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. ...
docket: A6158-04
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: Published
citation:
Document Size: 132363
10 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 893
... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; third-degree possession of cocaine in Newark, N.J.S ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; third-degree possession of heroin in Elizabeth, N.J.S ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; second-degree possession of heroin in Elizabeth with the 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 ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; second-degree possession of cocaine in Elizabeth with the 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. ...
docket: A1282-05
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: unpublished
citation:
Document Size: 135133
11 STATE OF NEW JERSEY v. RUDELL ANDERSON -- rank: 890
... apply for resentencing pursuant to the 2010 amendments 1 to N.J.S.A. 2C:35-7 if such defendant received a Brimage 2 waiver of an ... dangerous substance (cocaine) within 1,000 feet of school property. N.J.S.A. 2C:35-7. In connection with an agreed-upon plea arrangement, the State ... the parole ineligibility bar in light of the amendments to N.J.S.A. 2C:35-7 that became effective on January 12, 2010, L. 2009, c ... in determining whether the parole ineligibility bar otherwise required by N.J.S.A. 2C:35-7(a) should be waived). Jurisdiction is not retained. Pursuant to ... eligible to seek reconsideration of their sentences pursuant to revised N.J.S.A. 2C:35-7. The court indicated that [t]he defendants seeking reconsideration are ... 2010, the date of the enactment of the amendments to N.J.S.A. 2C:35-7, and who were eligible at sentencing for an extended ...
docket: a5851-09
court: NJ Superior Court Appellate Division
decided: 2011-08-18
status: unpublished
citation:
Document Size: 40204
12 STATE OF NEW JERSEY v. ROBERT W. OLIVER -- rank: 890
... apply for resentencing pursuant to the 2010 amendments 1 to N.J.S.A. 2C:35-7 if such defendant received a Brimage 2 waiver of an ... dangerous substance (cocaine) within 1,000 feet of school property. N.J.S.A. 2C:35-7. In connection with an agreed-upon plea arrangement, the State ... the parole ineligibility bar in light of the amendments to N.J.S.A. 2C:35-7 that became effective on January 12, 2010, L. 2009, c ... in determining whether the parole ineligibility bar otherwise required by N.J.S.A. 2C:35-7(a) should be waived). Jurisdiction is not retained. Pursuant to ... eligible to seek reconsideration of their sentences pursuant to revised N.J.S.A. 2C:35-7. The court indicated that [t]he defendants seeking reconsideration are ... 2010, the date of the enactment of the amendments to N.J.S.A. 2C:35-7, and who were eligible at sentencing for an extended ...
docket: a0593-10
court: NJ Superior Court Appellate Division
decided: 2011-08-18
status: unpublished
citation:
Document Size: 41100
13 STATE OF NEW JERSEY v. KEITH D. CLARKE -- rank: 890
... apply for resentencing pursuant to the 2010 amendments 1 to N.J.S.A. 2C:35-7 if such defendant received a Brimage 2 waiver of an ... dangerous substance (cocaine) within 1,000 feet of school property. N.J.S.A. 2C:35-7. In connection with an agreed-upon plea arrangement, the State ... the parole ineligibility bar in light of the amendments to N.J.S.A. 2C:35-7 that became effective on January 12, 2010, L. 2009, c ... in determining whether the parole ineligibility bar otherwise required by N.J.S.A. 2C:35-7(a) should be waived). Jurisdiction is not retained. Pursuant to ... eligible to seek reconsideration of their sentences pursuant to revised N.J.S.A. 2C:35-7. The court indicated that [t]he defendants seeking reconsideration are ... 2010, the date of the enactment of the amendments to N.J.S.A. 2C:35-7, and who were eligible at sentencing for an extended ...
docket: a1505-10
court: NJ Superior Court Appellate Division
decided: 2011-08-18
status: unpublished
citation:
Document Size: 41099
14 STATE OF NEW JERSEY v. NAEEM BLUNT -- rank: 881
... 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 ... 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 ... 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 ... 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 ... 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 " ...
docket: a2635-13
court: NJ Superior Court Appellate Division
decided: 2015-07-30
status: unpublished
citation:
Document Size: 41796
15 IN THE MATTER OF THE EXPUNGEMENT OF THE ARREST/CHARGE RECORDS OF T.B. -- rank: 876
... with intent to distribute within 1000 feet of a school, N.J.S.A. 2C:35-7. 5 He was also convicted of seven other indictable offenses ... to do so. 5 We note that a conviction of N.J.S.A. 2C:35-7 involving distribution, or attempt or conspiracy to distribute CDS to ...
docket: a1516-16
court: NJ Superior Court Appellate Division
decided: 2017-08-01
status: published
citation:
Document Size: 57280
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