State v. Alexander

The opinion of the Court was delivered by

HANDLER, J.

A jury convicted defendant of several drug-related offenses, including a charge of violating N.J.S.A 2C:35-3, commonly known as the “drug kingpin” statute. The Appellate Division reversed the “drug kingpin” conviction because it found error in the trial court’s instructions to the jury. 264 N.J.Super. 102, 107-11, 624 A.2d 48 (1993). Specifically, the court below held that in a prosecution for violation of N.J.S.A 2C:35-3, the trial court must instruct the jury that the State bears the burden of proving that “the defendant functioned as an…