Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Williams

April 14, 1998

STATE OF NEW JERSEY, PLAINTIFF/RESPONDENT,
v.
CHRISTOPHER JOSEPH WILLIAMS, DEFENDANT/APPELLANT.



Argued: March 10, 1998

On appeal from the Superior Court of New Jersey, Law Division, Middlesex County.

Before: Judges Pressler, Wallace and Carchman.

The opinion of the court was delivered by: Wallace, Jr., J.A.D.

Defendant Christopher J. Williams was convicted by a jury of third degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1) (count one); second degree possession with the intent to distribute one-half ounce or more of cocaine, N.J.S.A. 2C:35-5(b)(2) (count two); and third degree possession of cocaine with the intent to distribute within a school zone, N.J.S.A. 2C:35-7 (count three). The Judge granted the State's motion to impose an extended term and sentenced defendant to a twenty year term, with a ten year period of parole ineligibility.

On appeal, defendant makes the following arguments:

POINT I:

N.J.S.A. 2C:35-5b(2), WHICH PROSCRIBES THE POSSESSION OF ONE-HALF OUNCE OR MORE OF ILLEGAL DRUGS "INCLUDING ANY ADULTERANTS OR DILUTANTS," MUST BE INTERPRETED TO MEAN THAT MOST OF THE SUBSTANCE CONSISTS OF THE ILLEGAL DRUG. (Not Raised Below).

POINT II:

THE TRIAL COURT'S JURY INSTRUCTION THAT "THE STATE NEED NOT PROVE THE DEFENDANT'S KNOWLEDGE AS TO THE QUANTITY OF THE DRUGS" WAS ERRONEOUS. (Partially Raised Below).

POINT III:

THE MAXIMUM EXTENDED TERM OF 20 YEARS IMPRISONMENT WITH 10 YEARS OF PAROLE INELIGIBILITY ON THE DRUG CHARGE WAS EXCESSIVE.

Defendant, also submitted a supplemental pro se brief, in which he contends:

POINT I:

THE STATE'S MISUSE OF EXPERT WITNESS TESTIMONY TO: (a) BOLSTER THE TESTIMONY OF THE STATE'S FACT WITNESSES, (b) TO OPINE ON SUBJECTS BEYOND THE KEN OF THE JURY, AND (c) TO INFER DEFENDANT'S GUILT FROM COMMON CONDUCT OF DRUG DEALERS DEPRIVED ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.