Opinion
No. A-115 September Term 2006.
Argued October 10, 2007.
Decided January 10, 2008.
On appeal from the Superior Court, Appellate Division, whose opinions are reported at 398 N.J.Super. 142, 940 A.2d 299, 2006 WL 2690000 (2006).
Cecelia Urban, Assistant Deputy Public Defender, argued the cause for appellant ( Yvonne Smith Segars, Public Defender, attorney).
Christopher W. Hsieh, Senior Assistant Prosecutor, argued the cause for respondent ( James F. Avigliano, Passaic County Prosecutor, attorney).
This matter came to the Court on defendant's appeal as of right pursuant to Rule 2:2-1(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).
Justices LONG and ALBIN, dissenting.