Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. KIRK B. FEINSTEIN -- rank: 1000

... 2C:35A-2 . The ADPA applies in many different circumstances. N.J.S.A. 2C:35A-3. Two are relevant to this case: (1) "the person has ... analog or drug paraphernalia as a substantial source of livelihood," N.J.S.A. 2C:35A-3(b)(2); and (2) the person "has at any time ... of persons to whom the substance or paraphernalia was distributed," N.J.S.A. 2C:35A-3(b)(4). The State must establish one of these grounds by a preponderance of the evidence. N.J.S.A. 2C:35A-3(a). The findings of the court shall be incorporated in ... also consider the presentence report and any other relevant information. [ N.J.S.A. 2C:35A-3(a).] "Where the prosecutor has established one or more grounds ... judge that the facts satisfy the criteria set forth in N.J.S.A. 2C:35A-3(b), making him subject to the penalty. Nor does ...

docket:	a3516-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-22
status:	unpublished
citation:
Document Size:	35913

2 STATE OF NEW JERSEY v. JOHN I. GONZALEZ -- rank: 888

... including a $200,000 anti-drug profiteering penalty pursuant to N.J.S.A. 2C:35A-3; dismissed the remaining charges; and awarded defendant 1,349 days ... contends the $200,000 anti-drug profiteering penalty, pursuant to N.J.S.A. 2C:35A-3, was not required or supported by the record. N.J.S.A. 2C:35A-3(a) permits trial courts to 'sentence [a defendant] to pay ... defined in chapter 35 or 36 of this Title . . . .' However, N.J.S.A. 2C:35A-3(a) requires the trial court to 'find[] at a hearing ... involved in criminal street gang related activity,' among other things. N.J.S.A. 2C:35A- (3)(a). The trial court imposed the $200,000 penalty without ... the evidence one or more of the grounds specified in N.J.S.A. 2C:35A-3(a). The trial court imposed the negotiated penalty without ...

docket:	a1214-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-17
status:	Unpublished
citation:
Document Size:	26816

3 STATE OF NEW JERSEY v. VICTOR CYRUS -- rank: 811

... THE HEARING FOR THE ANTI-DRUG PROFITEERING PENALTY PURSUANT TO N.J.S.A. 2C:35A-3. IV. DEFENDANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ...

docket:	a3068-08
court:	NJ Superior Court Appellate Division
decided:	2010-12-06
status:
citation:
Document Size:	37740