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STATE v. METCALF

168 N.J. Super. 375 (1979)

403 A.2d 40

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DENNIS METCALF, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 1979.

Attorney(s) appearing for the Case

Mr. Emerson L. Darnell, designated attorney, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Wayne J. Martorelli, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General, attorney; Mr. Wayne J. Martorelli, Mr. Blair R. Zwillman, Deputy Attorney General, on the brief).

Before Judges LYNCH, CRANE and HORN.

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

Defendant Dennis Metcalf appeals from his conviction following a bench trial of unlawfully distributing a controlled dangerous substance, phendimetrazine, in violation of N.J.S.A. 24:21-19(a) (1), and of unlawfully possessing said substance, in violation of N.J.S.A. 24:21-20(a) (1).

Defendant contends that his convictions were invalid for two reasons: (1) the possession and distribution of...

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