STATE v. RODRIGUEZ


225 N.J. Super. 466 (1988)

542 A.2d 966

STATE OF NEW JERSEY v. CARLOS RODRIGUEZ AND CARMEN JIMINEZ, DEFENDANTS.

Superior Court of New Jersey, Law Division, Camden County.

March 25, 1988.


Attorney(s) appearing for the Case

Cheryl Hendler Cohen for plaintiff (Samuel Asbell, Camden County Prosecutor, attorney; Cheryl Hendler Cohen on the brief).

M.W. Pinsky for defendant, Carlos Rodriguez.

John J. Garagozzo for defendant, Carmen Jiminez.


STEINBERG, J.S.C.

Defendants move to dismiss count three of the indictment which charges them with possessing cocaine within 1,000 feet of a school with the intent to distribute that cocaine. Defendants contend that that statute which also provides for enhanced punishment violates both the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution as well as Art. I, par. I of the New Jersey Constitution.

The statute...

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