State v. Ivory

The opinion of the Court was delivered by

GARIBALDI, J.

This appeal presents two questions regarding one statute, N.J.S.A. 2C:35-7. The first question asks what constitutes “school property used for school purposes.” The second question asks whether, for the statute to apply, a defendant must intend to distribute a controlled dangerous substance within 1,000 feet of school property. The answer to each question lies in an analysis of the Legislature’s intent.

I

On October 27, 1988, defendant, Charles Ivory, rode his bicycle down Newmann Springs Road in Red Bank, New Jer*584sey. He proceeded through a…