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STATE v. DUNLAP

181 N.J. Super. 71 (1981)

436 A.2d 569

STATE OF NEW JERSEY, PLAINTIFF, v. GREGORY DUNLAP, DEFENDANT, AND STATE OF NEW JERSEY, PLAINTIFF, v. GUY TROY WILCOX, DEFENDANT, AND STATE OF NEW JERSEY, PLAINTIFF, v. KEVIN M. GEE, DEFENDANT.

Superior Court of New Jersey, Law Division Middlesex County.

Decided July 22, 1981.

Attorney(s) appearing for the Case

William Smith, Assistant Prosecutor, for plaintiff (Richard S. Rebeck, Prosecutor of Middlesex County, attorney).

David Bunevich, Assistant Deputy Public Defender, for defendants Dunlap and Wilcox (Walter Bielanowski, Deputy Public Defender, attorney).

Robert Obler, Assistant Deputy Public Defender, for defendant Gee (Walter Bielanowski, Deputy Public Defender, attorney).

Neil M. Cohen, Assistant Deputy Public Defender, amicus curiae (Walter Bielanowski, Deputy Public Defender, attorney).

DEEGAN, J.S.C.

This matter presents the court with an issue of first impression. Defendants in the above captioned cases have each brought a motion challenging the constitutionality of N.J.S.A. 2C:39-3(e), under which they were indicted. The cases have been consolidated for purposes of these motions.

The court, having now reviewed the briefs and oral arguments of the respective parties, makes the following findings of fact and conclusions of law.

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