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STATE v. FANELLE

897 A.2d 1104 (2006)

385 N.J. Super. 518

STATE of Ne v. Michael R. FANELLE, Sr., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 2006.

Attorney(s) appearing for the Case

Grimes & Grimes, attorneys for appellant (Joseph P. Grimes, on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Natalie A. Schmid Drummond, Deputy Attorney General, of counsel and on the brief).

Before Judges WEFING, FUENTES and GRAVES.

The opinion of the court was delivered by

WEFING, P.J.A.D.

Defendant was indicted for two counts of possession of a controlled dangerous substance with intent to distribute, a crime of the third degree, N.J.S.A. 2C:35-5a(1); two counts of possession of a controlled dangerous substance, a crime of the third degree, N.J.S.A. 2C:35-10a(1); and one count of fourth-degree possession of a controlled dangerous substance, N.J.S.A. 2C:10a(3). After...

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