NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4139-16T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SEAN P. HILLEGASS, Defendant-Appellant. _____________________________ Submitted June 18, 2018 – Decided July 6, 2018 Before Judges Fisher and Fasciale.

On appeal from Superior Court of New Jersey, Law Division, Cumberland County, Indictment No. 15-07-0548 and Accusation No. 16-11-1007.

Joseph E. Krakora, Public Defender, attorney for appellant (Daniel V. Gautieri, Assistant Deputy Public Defender, of counsel and on the brief).

Jeffrey H. Sutherland, Cape May County Prosecutor, attorney for respondent (Gretchen A. Pickering, Assistant Prosecutor, of counsel and on the brief).

PER CURIAM After pleading guilty, defendant appeals from his convictions for third-degree theft of movable property, N.J.S.A. 2C:20-3(a); third-degree possession of a controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:35-5(b)(3); and second- degree possession of CDS with intent to distribute within 500 feet of a park, N.J.S.A. 2C:35-7.1(a).

On appeal, defendant argues: COUNT TWO OF THE ACCUSATION SHOULD BE DISMISSED BECAUSE THE STATE FAILED TO PROVE THAT THE MEMORIAL PARK [(THE PROPERTY)] IN QUESTION WAS A PUBLIC PARK WITHIN THE MEANING OF N.J.S.A. 2C:35-7.1(f).

We disagree and affirm.

The property is located in Middle Township at a local intersection. In the 1990s, the township began beautifying the area around the intersection and maintaining the property as a park. The township installed electrical service for the property, landscaped it, and decorated the property during the holidays.

Initially the conceptual plan for the landscape and signage at the park referred to the property as the "Crossroads Park." But the town eventually renamed the park in honor of a long-time member of the local fire department. And the township later formally dedicated the property – through a resolution – in his name by installing a memorial plaque, a flagpole, and a park bench.

Defendant pled guilty to the 500-foot charge pursuant to N.J.S.A. 2C:35-7.1(a), which provides in pertinent part:

2 A-4139-16T4 Any person who violates [N.J.S.A. 2C:35-5(a)] by distributing, dispensing or possessing with intent to distribute a [CDS] . . . on or within feet of the real property comprising . . . a public park . . . is guilty of a crime of the second degree. "Public park" is defined as "a park, recreation facility or area or playground owned or controlled by a State, county or local government unit." N.J.S.A. 2C:35-7.1(f).

We review defendant's contention – concerning the legal meaning of a "public park" – de novo. State ex rel. K.O., 217 N.J. 83, 91 (2014). There is nothing unclear or ambiguous about the plain language of "public park" in N.J.S.A. 2C:35-7.1(f). By its plain language, the statute defines a "public park" as "a park . . . owned or controlled by a . . . local government unit." N.J.S.A. 2C:35.7.1(f). The township owns and controls the property, and the township designated and used it as a park for multiple years before defendant's arrest. Accordingly, the property is a "public park" under the statute.

Affirmed.

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