STATE v. PEMBERTHY


224 N.J. Super. 280 (1988)

540 A.2d 227

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GABRIEL PEMBERTHY, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RIGOBERTO MONCADA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 1988.


Attorney(s) appearing for the Case

Louis N. Rainone argued the cause for appellant Gabriel Pemberthy (A-767-84T4) (Karcher, McDonnell & Rainone, attorneys; Louis N. Rainone, of counsel and on the brief).

Philip A. Ross, Designated Attorney, argued the cause for appellant Rigoberto Moncada (A-1994-84T4) (Alfred A. Slocum, Public Defender; Philip A. Ross of counsel and on the brief).

Richard H. Morton, Deputy Attorney General, argued the cause for respondent State of New Jersey (W. Cary Edwards, Attorney General; Jeffrey L. Menkin on the brief).

Before Judges PETRELLA, DREIER and BAIME.


PER CURIAM.

Defendants Gabriel Pemberthy and Rigoberto Moncada1 were convicted after a jury trial of conspiracy to distribute and possess with intent to distribute more than one ounce of cocaine (N.J.S.A. 24:21-24; 24:21-19 a(1) and 24:21-19 b(2)). Pemberthy was also convicted of possession of more than one ounce of cocaine (N.J.S.A. 24:21-20 a(2)); possession of said cocaine...

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