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STATE v. MORALES

224 N.J. Super. 72 (1987)

539 A.2d 769

STATE OF NEW JERSEY, PLAINTIFF, v. HERIBERTO MORALES, MARVIN HOLLY, PAUL HAMILTON, CARLOS CASTILLO, JOHNNY RIVERA, MARGARITA MARTINEZ, MCCOY SMITH, WILLIAM PAGAN, GLEN BOUIE, CARLOS PINTO, JAMIE ARROYO, EVELYN RIVERA AND RONNIE WILLIAMS.

Superior Court of New Jersey, Law Division Passaic County.

November 10, 1987.

Attorney(s) appearing for the Case

Steven E. Braun, for plaintiff (John P. Goceljak, Acting Prosecutor of Passaic County, attorney).

Terence P. Corcoran, for defendants.

MARTIN, J.S.C.

Thirteen defendants move to dismiss various indictments pending against them alleging violations of the Comprehensive Drug Reform Act of 1986. Specifically they allege that the charging statute, N.J.S.A. 2C:35-7, is not only itself unconstitutional, but also as it relates to and interacts with N.J.S.A. 2C:35-5 and -12. The several allegations will be considered seriatim under separate headings.

N.J.S.A. 2C:35-7 provides...

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