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STATE v. GREGORY

765 A.2d 1077 (2001)

336 N.J. Super. 601

STATE of New Jersey, Plaintiff-Respondent, v. Tahir S. GREGORY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 2001.

Attorney(s) appearing for the Case

Joel M. Harris, First Assistant Public Defender, attorney for appellant (Joan D. Van Pelt, Deputy Public Defender, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, attorney for respondent (H. John Witman, III, Deputy Attorney General, of counsel and on the brief).

Before Judges BAIME, CARCHMAN and LINTNER.

CARCHMAN, J.A.D.

This appeal requires us to determine whether a conviction for third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5a(1) and -5b(3) (Section 5), merges for the purposes of sentencing with a conviction for second-degree possession of cocaine with intent to distribute within 500 feet of public property, N.J.S.A. 2C:35-7.1 (Section 7.1). We answer that question in the affirmative...

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