STATE v. TORRES


236 N.J. Super. 6 (1989)

563 A.2d 1141

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ELIAS TORRES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1989.


Attorney(s) appearing for the Case

McAlevy & Costello, attorneys for appellant (Patricia K. Costello on the brief).

Peter N. Perretti, Jr., Attorney General, attorney for respondent (Sandra M. Iammatteo, Deputy Attorney General, of counsel and on the brief).

Before Judges PRESSLER, O'BRIEN and STERN.


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

This appeal requires us to decide whether the State must prove defendant's knowledge of the quantity of the drugs he possessed in order to sustain a conviction for first degree possession with intent to distribute a controlled dangerous substance (C.D.S.) under N.J.S.A. 2C:35-5a. While we hold that the defendant's knowledge of the quantity of the drugs he...

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