STATE v. MOORE


304 N.J. Super. 135 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES T. MOORE, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JEFFREY T. FELTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 6, 1997.


Attorney(s) appearing for the Case

Philip De Vencentes argued the cause for appellant Charles T. Moore (Galantucci & Patuto, attorneys; Mr. De Vencentes, on the brief).

Vincent W. Basile argued the cause for appellant Jeffrey T. Felton (Flood & Basile, attorneys; Mr. Basile, on the brief).

Barbara Peterson, Special Deputy Attorney General, Acting Assistant Bergen County Prosecutor, argued the cause for respondent (Charles R. Buckley, Deputy Attorney General — In Charge, Acting Bergen County Prosecutor, attorney; Ms. Petersen, of counsel and on the letter brief).

Before Judges PRESSLER and STERN.


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

Defendants Charles T. Moore and Jeffrey T. Felton were jointly tried and convicted of first degree possession with intent to distribute more than five ounces of cocaine, contrary to N.J.S.A. 2C:35-5a(1), -5b(1) (count one), and possession of cocaine, contrary to N.J.S.A. 2C:35-10a(1) (count two). The trial judge merged count two into count one and...

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