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STATE v. MOORER

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151 A.3d 109 (2016)

448 N.J.Super. 94

STATE of New Jersey, Plaintiff-Respondent, v. Lee E. MOORER, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 2016.

Attorney(s) appearing for the Case

Joseph E. Krakora , Public Defender, attorney for appellant ( Stephen P. Hunter , Assistant Deputy Public Defender, of counsel and on the brief).

John T. Lenahan , Salem County Prosecutor, attorney for respondent (Lisa M. Rastelli, Assistant Prosecutor, on the brief).

Before Judges Fisher, Ostrer, and Leone.

The opinion of the court was delivered by

Defendant appeals his December 17, 2014 judgment of conviction for third-degree possession of a controlled dangerous substance (CDS) under N.J.S.A. 2C:35-10(a)(1). He argues the trial court should have instructed the jury on what he claims is a lesser-included offense: failure...

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