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STATE v. SPIVEY

844 A.2d 512 (2004)

179 N.J. 229

STATE of New Jersey, Plaintiff-Respondent, v. Shawn L. SPIVEY, Defendant-Appellant.

Supreme Court of New Jersey.

Decided April 1, 2004.

Attorney(s) appearing for the Case

Michael J. Confusione, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for respondent (Theodore J. Romankow, Union County Prosecutor, attorney).

Justice ALBIN delivered the opinion of the Court.

A person who possesses a firearm "while in the course of" possessing with intent to distribute a controlled dangerous substance within 500 feet of a public park commits a second-degree crime. N.J.S.A. 2C:39-4.1a. In this case, defendant was arrested outside his apartment building as the police began a search of his apartment that uncovered a sizeable stash of drugs...

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