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STATE v. DILLIHAY

127 N.J. 42 (1992)

601 A.2d 1149

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DAVID DILLIHAY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 27, 1992.

Attorney(s) appearing for the Case

Michael J. Williams, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Susan Green, Assistant Deputy Public Defender, argued the cause for respondent (Wilfredo Caraballo, Public Defender, attorney; Ms. Green and Al Glimis, Assistant Deputy Public Defender, of counsel and on the briefs).

The opinion of the Court was delivered by STEIN, J.

In this case, as in State v. Brana, 127 N.J. 64, 601 A.2d 1160 (1992), also decided today, we consider the validity of the anti-merger provision of N.J.S.A. 2C:35-7, which prohibits distribution of controlled dangerous substances within a school zone, as applied to a defendant who committed first- and second-degree violations of N...

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