State v. Gregory

CARCHMAN, J.A.D.

This appeal requires us to determine whether a conviction for third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5a(l) and -5b(3) (Section 5), merges for the purposes of sentencing with a conviction for second-degree possession of cocaine with intent to distribute within 500 feet of public property, N.J.S.A. 2C:35-7.1 (Section 7.1). We answer that question in the affirmative and remand this matter for resentencing.

Pursuant to a “no show/no recommendation” plea agreement, defendant Tahir S. Gregory entered a guilty plea to the above offenses. Under the…