STATE v. PETERKIN


226 N.J. Super. 25 (1988)

543 A.2d 466

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BRIAN PETERKIN, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HAROLD SHAW, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DARRYL HUBBARD, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CHARLES CALDWELL, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES NOBLES, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES TROY TILLET, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. GEORGE BASS, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HUGH ROBINSON, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. KEVIN WASHINGTON, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL RUSH, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TONEY JENNINGS, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LEON CHALMERS, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DARRYL GREEN, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SAM IRVING, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. KENNETH HOUSER, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BYRON MONTGOMERY, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RODNEY JONES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 1988.


Attorney(s) appearing for the Case

Joseph P. Connor, Jr., Assistant Prosecutor of Morris County, argued the cause for appellant (Lee S. Trumbull, Prosecutor, attorney; Joseph P. Connor on the brief).

Craig V. O'Connor, designated counsel, argued the cause for respondents Shaw, Hubbard, Peterkin, Caldwell, Nobles, Houser, Tillett, Chalmers and Jennings (Alfred A. Slocum, Public Defender, attorney; Richard F. Healey, William P. Cuocco and Craig V. O'Connor on the brief).

Mark J. Malone argued the cause for respondent Jones (Malone & Villere, attorneys; Mark J. Malone on the letter-brief).

Joseph Smyth argued the cause for respondent Montgomery (Bianchi and Casale, attorneys; Angelo R. Bianchi on the brief).

Courter, Kobert, Laufer, Purcell and Pease, attorneys for respondent Bass, joined in the brief filed on behalf of Peterkin, et al.

Alfred A. Slocum, Public Defender, attorney for respondents Chalmers and Jennings, joined in the brief filed on behalf of Peterkin, et al. (Joel M. Harris, Deputy Public Defender, of counsel).

Jeffrey M. Advokat, attorney for respondents Rush and Green, joined in the brief filed on behalf of Peterkin, et al.

Paul M. Sellito, attorney for respondent Irving, joined in the brief filed on behalf of Peterkin, et al.

D'Allessandro, Sussman, Jacovino and Mahoney, attorneys for respondent Robinson, joined in the brief filed on behalf of Peterkin, et al.

Alfred A. Slocum, Public Defender, attorney for respondent Tillett (Robert W. Thompson, Assistant Deputy Public Defender, on the brief).

Ryan, Pedicini and Donnelly, attorneys for respondent Washington (Rita E. Donnelly on the brief).

Before Judges PETRELLA, BAIME and ASHBEY.


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

This appeal presents questions of public concern. Following a protracted pretrial hearing, the trial court dismissed 17 indictments charging defendants with possession of cocaine (N.J.S.A. 24:21-20a(1)), possession with intent to distribute (N.J.S.A. 24:21-19a(1)) and distribution of the same controlled dangerous substance (N.J.S.A. 24:21-19a(2)). The court's determination was predicated...

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