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STATE v. WHYTE

265 N.J. Super. 518 (1992)

628 A.2d 340

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ARTURO WHYTE, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FITZ GEORGE BYFIELD, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BARRINGTON AIRD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1992.

Attorney(s) appearing for the Case

Michael Chazen argued the cause for appellant Arturo Whyte (Wilfredo Caraballo, Public Defender, attorney; Mr. Chazen, Designated Counsel, of counsel and on the brief and reply brief).

Wilfredo Caraballo, Public Defender, attorney for appellant Fitz Byfield (Terry Shaw, Assistant Deputy Public Defender, of counsel and on the brief).

Wilfredo Caraballo, Public Defender, attorney for appellant Barrington Aird (James W. Donnelly, Designated Counsel, on the brief).

Joshua P. Cohn, Assistant Prosecutor, argued the cause for respondent (John J. Fahy, Bergen County Prosecutor, attorney; Mr. Cohn on the three letter briefs).

Before Judges PRESSLER, SHEBELL and SKILLMAN.

PER CURIAM.

Defendants Arturo Whyte, Fitz Byfield and Barrington Aird were jointly tried and all were convicted of charges of possession of cocaine, N.J.S.A. 2C:35-10a(1); possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5a(1) and -5b(2); and unlawful possession of a handgun, N.J.S.A. 2C:39-5b. The conviction of each for possession of cocaine was merged into his conviction for possession with intent to distribute, and on that conviction...

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