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STATE v. HERNANDEZ

758 A.2d 1139 (2000)

334 N.J. Super. 264

STATE of New Jersey, Plaintiff-Respondent, v. David HERNANDEZ, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 2000.

Attorney(s) appearing for the Case

Edward T. Ehler, Glen Rock, argued the cause for defendant-appellant.

Michelle Katich, Assistant Prosecutor, argued the cause for respondent (Ronald S. Fava, Passaic County Prosecutor, attorney; Ms. Katich, of counsel and on the brief).

Before Judges PRESSLER, CIANCIA and ALLEY.

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

Following a trial by jury, defendant David Hernandez was convicted of third-degree possession of crack cocaine with intent to distribute, N.J.S.A. 2C:35-5b(3), and its possession with intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7. He was, however, acquitted of simple possession of crack cocaine, N.J.S.A. 2C:35-10a(1). The court merged the conviction of possession...

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