State v. Bacote

WERTHEIMER, J.S.C.

This matter comes before the court on a motion to consolidate counts of an indictment. The motion presents a question of first impression in New Jersey, i.e., should one count of an indictment which alleges possession of cocaine with an intent to distribute be consolidated with another count which alleges possession of marijuana with an intent to distribute. For reasons set forth infra, counts of simple possession of cocaine and simple possession of marijuana are hereby consolidated.

For the purposes of this motion the facts may be succinctly stated. Defendant was a passenger…