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STATE v. TOTH

729 A.2d 1069 (1999)

321 N.J. Super. 609

STATE of New Jersey, Plaintiff-Respondent, v. Sean M. TOTH, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1999.

Attorney(s) appearing for the Case

Mordecai Garelick, Assistant Deputy Public Defender, for plaintiff-respondent (Ivelisse Torres, Public Defender, attorney; Mr. Garelick, of counsel and on the brief).

Jafer Aftab, Deputy Attorney General, for defendant-appellant (Peter Verniero, Attorney General, attorney; Mr. Aftab, of counsel and on the brief).

Before Judges LONG, KESTIN and WEFING.

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

Middlesex County Indictment No. 96-07-0938 charged defendant Sean M. Toth and co-defendant Edward W. Solomon with third-degree possession of a controlled dangerous substance (CDS), contrary to N.J.S.A. 2C:35-10a(1) (Count One); first-degree possession of CDS with intent to distribute, contrary to N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(1) (Count Two); and fourth-degree possession of drug...

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