Kenneth Vercammen & Associates, P.C.
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Thursday, March 17, 2011

State v. Jason Shelley (A-109-09)

State v. Jason Shelley (A-109-09)

The Appellate Division correctly vacated defendant Jason Shelley’s conviction under N.J.S.A. 2C:35-7 for distributing illicit drugs within 1,000 feet of a school because the inclusion of a small kindergarten class in a day care center does not transform the center into an elementary school for purposes of construing and applying the statute.