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STATE v. SHARKEY

204 N.J. Super. 192 (1985)

497 A.2d 1291

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TERENCE W. SHARKEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 11, 1985.

Attorney(s) appearing for the Case

Robert Seelenfreund, Assistant Public Defender, argued the cause for appellant (Thomas S. Smith, Acting Public Defender, attorney; James K. Smith, Jr., Deputy Public Defender, of counsel and on the brief).

Carol M. Henderson, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General, attorney; Arlene R. Weiss, Deputy Attorney General, of counsel and on the letter brief).

Before Judges SIMPSON and GAYNOR.

The opinion of the court was delivered by GAYNOR, J.A.D.

In this case, defendant challenges the constitutionality of the "look-alike drug" statute, N.J.S.A. 24:21-19.1 et seq., on the grounds of its alleged vagueness, overbreadth and creation of an irrational presumption. We disagree with these attacks and find that the statute does not violate any constitutional requirement. Furthermore, we question defendant's standing to assert these statutory defects...

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