Legal Opinion
State v. Lewis
Supreme Court of New Jersey
Decided December 8, 2005PublishedCited by 36 opinions
1Opinion of the Court
Justice WALLACE, JR.
delivered the opinion of the Court.
A person who possesses cocaine with intent to distribute while in, on, or within 500 feet of a public park is guilty of a crime of the second degree. N.J.S.A. 2C:35-7.1. The question before us is whether a defendant may be lawfully convicted under that statute if he is located in the park zone, but the drugs are not. We hold that a defendant may constructively possess a controlled dangerous substance that is located outside the zone while he is within the zone. We affirm the judgment of conviction.
I
The State presented evidence…
2Cases cited12 opinions
- State v. MaguireSupreme Court of New Jersey · 1980
- State v. GillSupreme Court of New Jersey · 1966
- State v. BrownSupreme Court of New Jersey · 1979
- Lloyd v. VermeulenSupreme Court of New Jersey · 1956
- State v. SpiveySupreme Court of New Jersey · 2004
7 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- State v. ShelleySupreme Court of New Jersey · 2011
- Liberty Mutual Insurance v. LandSupreme Court of New Jersey · 2006
- Oberhand v. Director, Division of TaxationSupreme Court of New Jersey · 2008
- State v. RegisSupreme Court of New Jersey · 2011
- American Fire & Casualty Co. v. New Jersey Division of TaxationSupreme Court of New Jersey · 2006
31 more not listed; retrieve them via the Exa API.