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STATE v. OGAR

229 N.J. Super. 459 (1989)

551 A.2d 1037

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THERESA LEE OGAR, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ALBERT J. LOMBARDI, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 3, 1989.

Attorney(s) appearing for the Case

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

Robert Seelenfreund, Assistant Deputy Public Defender, argued the cause for respondents, (Alfred A. Slocum, Public Defender, attorney, Robert Seelenfreund, of counsel and on the brief).

Cherrie Black, Deputy Attorney General, argued the cause for amicus curiae State of New Jersey, (W. Cary Edwards, Attorney General, attorney, Cherrie Black, of counsel and on the brief).

Before Judges PRESSLER, O'BRIEN and SCALERA.

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

These appeals involve construction of those provisions of the Comprehensive Drug Reform Act of 1986 (the Drug Act) which proscribe the distribution and possession of drugs within defined school zones in this State. Although the two indictments arise from markedly different factual patterns, the same legal issues are implicated and we therefore address them in this consolidated opinion.

Both defendants...

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