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STATE v. PATTON

256 N.J. Super. 413 (1992)

607 A.2d 191

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MILTON OCTAVIUS PATTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1992.

Attorney(s) appearing for the Case

William R. Holzapfel argued the cause for appellant (LeBoeuf, Lamb, Leiby & MacRae, attorneys; William R. Holzapfel, Daniel J. McCarthy, Ellen B. Silverman and Elizabeth J. Gorman, on the brief).

Barbara A. Rosenkrans, Assistant Prosecutor, argued the cause for respondent (James F. Mulvihill, Acting Essex County Prosecutor, attorney).

Robert J. Del Tufo, Attorney General, submitted a brief amicus curiae (Ronald Susswein, Assistant Attorney General, on the brief).

Before Judges GAULKIN, BRODY and LANDAU.

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

We hold here that defendant's assertion of the privilege against self-incrimination bars his disorderly persons conviction under N.J.S.A. 2C:35-10c:

Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of [N.J.S.A. 2C:35-10a, prohibiting possession of any controlled...

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