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STATE v. LEFKOWITZ

762 A.2d 323 (2000)

335 N.J. Super. 352

STATE of New Jersey, Plaintiff-Appellant, v. Ross LEFKOWITZ, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 2000.

Attorney(s) appearing for the Case

Robert J. Hawkes, Assistant Somerset County Prosecutor, argued the cause for appellant (Wayne J. Forrest, Somerset County Prosecutor, attorney; Craig Voorhees, Assistant Prosecutor, of counsel and on the brief).

Marcia Blum, Assistant Deputy Public Defender, argued the cause for respondent (Ivelisse Torres, Public Defender; Ms. Blum, of counsel and on the brief).

Before Judges STERN, COLLESTER and FALL.

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

Tried to a jury defendant was convicted of possession of a controlled dangerous substance with intent to distribute (cocaine), N.J.S.A. 2C:35-5a(1) -5b(2) (count one) and possession of cocaine, N.J.S.A. 2C:35-10a(1) (count two). After the jury initially returned a verdict, indicating that defendant possessed "one-half (½) ounce or more" of cocaine with intent to distribute, the trial judge...

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