State v. Spivey

A person who possesses a firearm “while in the course of’ possessing with intent to distribute a controlled dangerous substance within 500 feet of a public park commits a second-degree crime. N.J.S.A. 2C:39-4.1a. In this case, defendant was arrested outside his apartment building as the police began a search of his apartment that uncovered a sizeable stash of drugs and a loaded gun. We must determine whether that evidence was sufficient to convict defendant under N.J.S.A. 2C:39-4.1a.

I

On September 9, 1998, two teams of officers of the Plainfield Police Department — designated perimeter and…