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STATE v. WELLS

763 A.2d 1279 (2000)

STATE of New Jersey, Plaintiff, v. Robert WELLS & Deborah Smith, Defendants.

Superior Court of New Jersey, Law Division (Criminal), Atlantic County.

Decided April 5, 2000.

Attorney(s) appearing for the Case

Chester Wiech, Jr., Assistant County Prosecutor, for the State (Jeffrey S. Blitz, County Prosecutor, attorney).

Mark E. Roddy, Atlantic City, for defendants.

WINKELSTEIN, A.J.S.C.

The issue before the court is whether a charge of possession of .34 g. of cocaine may be dismissed by the assignment judge pursuant to N.J.S.A. 2C:2-11, which permits dismissal for de minimis infractions of the criminal code.1 I find that possession of even a trace amount of cocaine, as long as the amount is sufficient to allow the substance to be identified by laboratory analysis, is not subject to...

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