State v. Chambers

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

In this appeal, one of the issues we are called upon to decide is whether a museum falls within the definition of a public building under N.J.S.A. 2C:35-7.1, thus elevating a third-degree crime of possession with the intent to distribute a controlled dangerous substance to a second-degree offense when the offense is committed within 500 feet of a public building, if the museum does not have regular and consistent hours and is only open to the public *261upon request. We conclude that under such circumstances a museum nevertheless…