Legal Opinion

State v. McCague

New Jersey Superior Court Appellate Division

Decided July 23, 1998PublishedCited by 2 opinions

1Opinion of the Court

The opinion of the court was delivered by

COLLESTER, J.A.D. (temporarily assigned).

Defendants Diana McCague and Thomas Scozzare appeal their conviction for violation of N.J.S.A. 2C:36-6, furnishing or giving a hypodermic needle or syringe to another, on de novo appeal to the Law Division from their convictions of the same disorderly persons statute in the New Brunswick Municipal Court. Defendants argue:

POINT / — OPERATION OF A BONA FIDE NEEDLE EXCHANGE PROGRAM IS CONDUCT WITHOUT FAULT OR CRIMINAL PURPOSE, WHICH DOES NOT INFLICT OR THREATEN SERIOUS HARM, AND WAS DONE JUSTIFIABLY AND EXCUSABLY…

2Cases cited20 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Snyder v. MassachusettsSupreme Court of the United States · 1934
  3. Liparota v. United StatesSupreme Court of the United States · 1985
  4. Lambert v. CaliforniaSupreme Court of the United States · 1958
  5. United States v. ShabaniSupreme Court of the United States · 1994

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3Cited by2 opinions

  1. State, Tp. of Pennsauken v. SchadSupreme Court of New Jersey · 1999
  2. STATE EX REL. ATLANTIC COUNTY PROS. v. Atlantic CityNew Jersey Superior Court Appellate Division · 2005

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