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STATE EX REL. ATLANTIC COUNTY PROS. v. ATLANTIC CITY

879 A.2d 1206 (2005)

379 N.J. Super. 515

STATE of New Jersey, by the ATLANTIC COUNTY PROSECUTOR, Plaintiff-Respondent, v. CITY OF ATLANTIC CITY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 16, 2005.

Attorney(s) appearing for the Case

Robert S. Sandman, Atlantic City, argued the cause for appellant (Hankin, Sandman, Bradley & Palladino, attorneys; Mr. Sandman, on the brief).

Murray A. Talasnik, First Assistant Prosecutor, argued the cause for respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; Jack J. Lipari, Assistant County Prosecutor, of counsel and on the brief).

Before Judges SKILLMAN, GRALL and CHAMBERS.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves the validity of a municipal ordinance which establishes a needle exchange program that authorizes municipal health officials to distribute sterile hypodermic syringes to drug addicts for their use in injecting drugs. We conclude that this ordinance conflicts with the provisions of the Code of Criminal Justice that prohibit persons from using or assisting others in using controlled...

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