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STATE v. ERVIN

242 N.J. Super. 584 (1990)

577 A.2d 1273

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH R. ERVIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1990.

Attorney(s) appearing for the Case

John R. Ford argued the cause for appellant (Rudnick, Waldman, Ford, Addonizio & Pappa, attorneys; John R. Ford, on the brief).

Ann S. Williams, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Ann S. Williams, on the brief).

Before Judges MICHELS, COHEN and BROCHIN.

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

N.J.S.A. 2C:35-9 declares that any person who illegally manufactures, distributes or dispenses any of a list of illegal drugs "is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and is guilty of a crime of the first degree." In this case, the defendant challenges the constitutionality of that statute.1 We disagree with...

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