STATE v. FERGUSON

Docket Nos. A-2893-17T3, A-2894-17T3.

187 A.3d 865 (2018)

455 N.J.Super. 56

STATE of New Jersey, Plaintiff-Appellant, v. Noel E. FERGUSON and Anthony M. Potts, Defendants-Respondents. State of New Jersey, Plaintiff-Respondent, v. Shameik Byrd, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 2018.


Attorney(s) appearing for the Case

Sarah C. Hunt , Deputy Attorney General, argued the cause for State of New Jersey, appellant in Docket No. A-2893-17 and respondent in Docket No. A-2894-17 ( Gurbir S. Grewal , Attorney General, attorney; Sarah C. Hunt, of counsel and on the briefs).

Kathryn A. Panaccione , Assistant Deputy Public Defender, argued the cause for appellant Shameik Byrd ( Joseph E. Krakora , Public Defender, attorney; Kathryn A. Panaccione, of counsel and on the brief).

Jane M. Personette argued the cause for respondent Noel E. Ferguson (Law Offices of Brian J. Neary, attorneys; Brian J. Neary , of counsel; Jane M. Personette, on the brief).

Michael J. Montanari argued the cause for respondent Anthony M. Potts (Del Sardo & Montanari, LLC, attorneys; Michael J. Montanari, of counsel and on the brief; Jayna B. Patel , on the brief).

Before Judges Yannotti, Carroll and DeAlmeida.


The opinion of the court was delivered by

These appeals stem from the tragic death of a young New York man from a heroin overdose. In New Jersey, N.J.S.A. 2C:35-9(a) provides that "[a]ny person who manufactures, distributes or dispenses ... [a] controlled dangerous substance (CDS) classified in Schedules I or II ... is strictly...

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