STATE v. MILLER


790 A.2d 144 (2002)

170 N.J. 417

STATE of New Jersey, Plaintiff-Respondent, v. Timothy MILLER, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 23, 2002.


Attorney(s) appearing for the Case

Ruth Bove Carlucci, Assistant Deputy Public Defender, argued the cause for appellant (Peter A. Garcia, Acting Public Defender, attorney; Ms. Carlucci and Sondra Burke, Designated Counsel, on the briefs).

Mark P. Stalford, Assistant Prosecutor, argued the cause for respondent (John A. Kaye, Monmouth County Prosecutor, attorney).

Steven A. Yomtov, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (John J. Farmer, Jr., Attorney General, attorney).


The opinion of the Court was delivered by LONG, J.

This appeal concerns N.J.S.A. 2C:35-19, a "notice and demand" statute that provides that upon the satisfaction of certain requirements, a laboratory certificate may be admitted into evidence in a drug case without the presence of the laboratory employee. More particularly, we are called on to determine whether the trial court denied defendant, Timothy Miller, his rights...

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