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STATE v. McCAGUE

314 N.J. Super. 254 (1998)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DIANA McCAGUE AND THOMAS SCOZZARE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 23, 1998.

Attorney(s) appearing for the Case

Alan Silber argued the cause for appellant Diana McCague (Hayden and Silber, and Busch and Busch, attorneys; Mr. Silber, Ronald J. Busch, Joseph M. Grace and Kelly A. Smith, on the brief).

Ronald J. Busch argued the cause for appellant Thomas Scozzare (Busch and Busch, and Hayden and Silber, attorneys; Mr. Busch, Alan J. Silber, Joseph M. Grace and Kelly A. Smith, on the brief).

William F. Lamb, Assistant Prosecutor, argued the cause for respondent (Robert W. Gluck, Middlesex County Prosecutor, attorney; Ronald G. Kercado, Assistant Prosecutor, of counsel).

Before Judges HAVEY, LANDAU and COLLESTER.

The opinion of the court was delivered by COLLESTER, J.A.D. (temporarily assigned).

Defendants Diana McCague and Thomas Scozzare appeal their conviction for violation of N.J.S.A. 2C:36-6, furnishing or giving a hypodermic needle or syringe to another, on de novo appeal to the Law Division from their convictions of the same disorderly persons statute in the New Brunswick Municipal Court. Defendants argue:

POINT I — OPERATION OF...

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