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STATE v. ALSTON

71 N.J. 1 (1976)

362 A.2d 545

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ARCHIE ALSTON, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 28, 1976.

Attorney(s) appearing for the Case

Mr. Michael A. Noto, Assistant Prosecutor, argued the cause for plaintiff-appellant (Mr. Noto, of counsel and on the brief; Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Mr. Robert E. Rochford, Deputy Attorney General, argued the cause for amicus curiae Division of Criminal Justice (Mr. Rochford, of counsel and on the brief; Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Gerald P. Boswell, Assistant Deputy Public Defender, argued the cause for defendant-respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the Court was delivered by SULLIVAN, J.

Defendant, Archie Alston, Jr., was charged with possession of heroin and possession of heroin with intent to distribute, violations of N.J.S.A. 24:21-20 a. and N.J.S.A. 24:21-19 a. respectively. At trial, the jury found defendant guilty of the possession charge but acquitted him of the charge of possession with intent to distribute.

Prior to sentencing...

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