State v. Scott

Supreme Court of New Jersey
State v. Scott, 193 N.J. 227 (N.J. 2008)
937 A.2d 949; 2008 N.J. LEXIS 1
Affirmance, Albin, Hoens, Lavecchia, Long, Rabner, Reversal, Rivera, Soto, Wallace

State v. Scott

Opinion of the Court

PER CURIAM.

This matter came to the Court on defendant’s appeal as of right pursuant to Rule 2:2-l(a)(2). The sole issue before the Court— whether defendant actually or constructively possessed cocaine that was found in the vehicle in which he was a passenger — arose from the dissent filed by Judge Fuentes. In respect of that issue, the judgment of the Appellate Division is affirmed, substantially for the reasons expressed in the majority opinion of the Appellate Division, reported at 398 N.J.Super. 142, 940 A.2d 299, 2006 WL 2690000 (2006).

Dissenting Opinion

Justices LONG and ALBIN,

dissenting.

We would reverse defendant’s conviction and sentence, substantially for the reasons expressed in the dissenting opinion of Judge Fuentes, reported at 398 N.J.Super. 142, 940 A.2d 299, 2006 WL 2690000 (2006).

*228For affirmance — Chief Justice RABNER, Justices LaVECCHIA, WALLACE, RIVERA-SOTO and HOENS — 5. For reversal — Justices LONG and ALBIN- — 2.

Reference

Full Case Name
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT v. MORGAN SCOTT
Cited By
4 cases
Status
Published