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STATE v. MYERS

813 A.2d 1238 (2003)

357 N.J. Super. 32

STATE of New Jersey, Plaintiff-Appellant, v. Gregory MYERS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 2003.

Attorney(s) appearing for the Case

James F. Avigliano, Passaic County Prosecutor, for appellant (Gary H. Schlyen, Special Deputy Attorney General, Acting Chief Assistant Prosecutor, of counsel and on the brief).

Sciro & Marotta, Paterson, for respondent (John Vincent Saykanic, Passaic and Frank J. Sciro, Jr., Paterson, on the brief).

Before Judges SKILLMAN, CUFF and WINKELSTEIN.

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

Defendant Gregory Myers was charged with third-degree possession of a controlled dangerous substance (heroin), pursuant to N.J.S.A. 2C:35-10a(1) (count nine); third-degree possession of a controlled dangerous substance with intent to distribute, pursuant to N.J.S.A. 2C:35-5a(1) and b(2) (count ten); third-degree possession of a controlled dangerous substance with intent to distribute within...

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