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STATE v. JONES

818 A.2d 392 (2003)

358 N.J. Super. 420

STATE of New Jersey, Plaintiff-Respondent, v. Arthur JONES, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 2003.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Sandra K. Manning, Designated Counsel, of counsel and on the brief).

Peter C. Harvey, Acting Attorney General, attorney for respondent (Johanna Barba, Deputy Attorney General, of counsel and on the brief).

Before Judges KESTIN, FALL and WEISSBARD.

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

A nine-count indictment charged defendant, Arthur Jay Jones,1 with third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(3) (count one); third-degree conspiracy to possess cocaine with intent to distribute, N.J.S.A. 2C:35-5a(1), N.J.S.A. 2C:35-5b(3), and

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