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STATE v. RIBALTA

277 N.J. Super. 277 (1994)

649 A.2d 862

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSE RIBALTA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1994.

Attorney(s) appearing for the Case

Claudia Van Wyk argued the cause for appellant (Susan L. Reisner, Public Defender, attorney; Ms. Van Wyk, Deputy Public Defender II, of counsel and on the brief).

Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for respondent (Andrew K. Ruotolo, Jr., Union County Prosecutor, attorney; Sara B. Liebman, of counsel and on the brief).

Before Judges SHEBELL, WALLACE and KLEINER.

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

Defendant, Jose Ribalta, was convicted by a jury of third degree distribution of a controlled dangerous substance (heroin), (N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3)), count one; and third degree distribution of that substance within 1,000 feet of school property, (N.J.S.A. 2C:35-7), count two. On May 21, 1993, defendant was sentenced to four years of imprisonment, with a three

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