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STATE v. GIOE

950 A.2d 930 (2008)

401 N.J. Super. 331

STATE of New Jersey, Plaintiff-Respondent, v. Anthony GIOE and Frank Caruso, Jr., Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 2008.

Attorney(s) appearing for the Case

Steven E. Nelson argued the cause for appellant (Nelson, Fromer & Crocco, attorneys; Mr. Nelson, on the brief).

Thomas M. Cannavo, Assistant Prosecutor, argued the cause for respondent (Marlene Lynch Ford, Ocean County Prosecutor, attorney; Patricia Toreki, Assistant Prosecutor, on the brief).

Before Judges PARRILLO, GRAVES, and ALVAREZ.

The opinion of the court was delivered by

GRAVES, J.A.D.

A three-count indictment charged defendants Anthony Gioe and Frank Caruso, Jr. with second-degree possession with intent to distribute marijuana in a quantity of more than five pounds but less than twenty-five pounds, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(10)(b) (count two), and fourth-degree possession of more than fifty grams of marijuana, N.J.S.A. 2C:35-10(a)(3) (count...

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