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STATE v. LISA

919 A.2d 145 (2007)

391 N.J. Super. 556

STATE of New Jersey, Plaintiff-Appellant, v. Michael LISA, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 2007.

Attorney(s) appearing for the Case

Charles F. Clark, Assistant Prosecutor, argued the cause for appellant (Luis A. Valentin, Monmouth County Prosecutor, attorney; Mary R. Juliano, Assistant Prosecutor, of counsel and on the brief).

Edward C. Bertucio, Jr. argued the cause for respondent (Hobbie, Corrigan, Bertucio & Tashjy, attorneys; Norman M. Hobbie, Eatontown, of counsel and on the brief; Mr. Bertucio, on the brief).

Before Judges WEISSBARD, GRAVES and LIHOTZ.

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

On June 24, 2005, after five days of testimony, a grand jury voted to indict defendant for third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10a(1) (count 1); third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5a(1) and b(5) (count 2); third-degree distribution of a CDS, N.J.S.A. 2C:35-5a(1) and b(5) (count 3); first-degree aggravated...

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