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STATE v. LEWIS

886 A.2d 643 (2005)

185 N.J. 363

STATE of New Jersey, Plaintiff-Respondent, v. James LEWIS, Defendant-Appellant.

Supreme Court of New Jersey.

Decided December 8, 2005.

Attorney(s) appearing for the Case

Alison S. Perrone, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars Public Defender, attorney; Ms. Perrone and William P. Welaj, on the letter briefs).

Michael J. Williams, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).

Justice WALLACE, JR. delivered the opinion of the Court.

A person who possesses cocaine with intent to distribute while in, on, or within 500 feet of a public park is guilty of a crime of the second degree. N.J.S.A. 2C:35-7.1. The question before us is whether a defendant may be lawfully convicted under that statute if he is located in the park zone, but the drugs are not. We hold that a defendant may constructively possess a controlled dangerous substance...

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