STATE v. SHABAZZ


263 N.J. Super. 246 (1993)

622 A.2d 914

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ABDUL AZIZ SHABAZZ, (A.K.A. ALVIN HAYES), DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1993.


Attorney(s) appearing for the Case

Zulima v. Farber, Public Defender, attorney for appellant (Matthew Astore, Deputy Public Defender II, of counsel and on the brief).

Robert J. Del Tufo, Attorney General, attorney for respondent (Richard W. Berg, Deputy Attorney General, of counsel and on the letter-brief).

Before Judges MICHELS, BAIME and WALLACE.


BAIME, J.A.D.

This appeal requires us to construe N.J.S.A. 2C:35-6, which provides that an adult who employs a person "17 years of age or younger" in a drug distribution scheme is guilty of a second-degree crime. At issue is whether the phrase "17 years of age or younger" includes a juvenile who has attained the age of 17 but has not yet reached his 18th birthday. We hold that an adult who hires a juvenile less than 18 years of age to distribute drugs violates...

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