State v. Kittrell

The opinion of the Court was delivered by

*116GARIBALDI, J.

This appeal concerns the application of N.J.S.A. 2C:35-4, entitled, “Maintaining or operating a controlled dangerous substance production facility” and requires the Court to determine whether cutting and repackaging crack cocaine inside the apartment of another is sufficient to sustain a conviction under that statute.

I

For over a year, and usually at night, Detective Robert Wright of the Hackensack Police Department, Narcotics Division, observed defendant, Harry Kittrell, standing outside an apartment complex located at 69 Railroad Avenue…