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STATE v. MENDEZ

814 A.2d 1043 (2002)

175 N.J. 201

STATE of New Jersey, Plaintiff-Respondent, v. Timothy R. MENDEZ, Defendant-Appellant.

Supreme Court of New Jersey.

Decided November 14, 2002.

Attorney(s) appearing for the Case

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant (Peter A. Garcia, Acting Public Defender, attorney).

Johanna Barba, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Acting Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by VERNIERO, J.

In this criminal appeal, we are called on to review defendant's conviction for tampering with physical evidence under N.J.S.A. 2C:28-6. A related issue is whether the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 to 2C:104-9 (Code), permits the State simultaneously to charge an accused with possessing and tampering with the same unit of controlled dangerous substance (CDS), in this case cocaine...

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