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STATE v. MILLER

273 N.J. Super. 192 (1994)

641 A.2d 567

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TODD B. MILLER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1994.

Attorney(s) appearing for the Case

Susan L. Reisner, Acting Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, of counsel and on the brief).

John J. Fahy, Bergen County Prosecutor, attorney for respondent (John J. Scaliti, Assistant Prosecutor, of counsel and on the letter brief).

Before Judges SKILLMAN, KESTIN and WEFING.

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

Defendant appeals from his convictions for first degree possession of cocaine with intent to distribute and third degree possession. Our review of the record and the arguments advanced discloses that the State's proofs were inadequate to establish defendant's constructive possession of the drugs. Defendant's R. 3:18-1 motion for a judgment of acquittal should, therefore, have been granted. His convictions...

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