In a rare victory in the fight against the oppressive and draconian 1000 foot school charge, pursuant to N.J.S.A. 2C:35-7, the New Jersey Supreme Court in State v. Shelley held that a Day-Care Center even one that has kindergarten classes is not an elementary school for purposes of this charge.
The statute makes it a crime for anyone to distribute or intent to distribute any controlled dangerous substance within 1000 foot of an elementary or secondary school. The Supreme Court strictly construded the definition of elementary school as grades 1 through 6.
Law Office of Vincent J. Sanzone, Jr.
Elizabeth, N.J.
Dated: July 27, 2011
NJ criminal lawyer, NJ criminal attorneys, NJ federal criminal lawyers, union county nj criminal lawyers.
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