STATE v. PATTON


133 N.J. 389 (1993)

627 A.2d 1112

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MILTON OCTAVIUS PATTON, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 3, 1993.


Attorney(s) appearing for the Case

Barbara A. Rosenkrans, Assistant Prosecutor, argued the cause for appellant (James F. Mulvihill, Acting Essex County Prosecutor, attorney).

Lawrence E. Miller argued the cause for respondent (LeBoeuf, Lamb, Leiby & MacRae, attorneys; William R. Holzapfel, Daniel J. McCarthy, Ellen B. Silverman, Elizabeth J. Gorman, and Francis V. Cook, on the briefs).

Richard W. Berg, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).


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

In this appeal we consider the constitutionality of N.J.S.A. 2C:35-10c, which provides:

Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection...

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