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STATE v. SUMMERS

795 A.2d 308 (2002)

350 N.J. Super. 353

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

Superior Court of New Jersey, Appellate Division.

Decided April 24, 2002.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, attorney for appellant (Jodi Ferguson, Assistant Deputy Public Defender, of counsel and on the brief).

Jeffrey S. Blitz, Atlantic County Prosecutor, attorney for respondent (Casey N. MacDonald, Assistant County Prosecutor, of counsel and on the brief).

Before Judges PETRELLA, KESTIN, and STEINBERG.

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

An Atlantic County grand jury returned Indictment No. 99-5-850 charging defendant David Summers as follows: thirddegree unlawful possession of a controlled dangerous substance, cocaine, N.J.S.A. 2C:35-10(a)(1) (count one); third-degree possession of a controlled dangerous substance, cocaine, with the intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b...

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