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STATE v. AFANADOR

151 N.J. 41 (1997)

697 A.2d 529

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MOISES AFANADOR, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 23, 1997.

Attorney(s) appearing for the Case

Lawrence S. Lustberg argued the cause for appellant (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Lustberg and Mark A. Berman, on the brief).

Catherine A. Foddai, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by O'HERN, J.

State v. Alexander, 136 N.J. 563, 643 A.2d 996 (1994), held that in order to convict one as a drug kingpin under N.J.S.A. 2C:35-3, a jury should be instructed that it must find that a defendant held an "upper echelon" or "high level" role as leader of a drug trafficking network. The principal...

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