Supreme Court of New Jersey
State of New Jersey, Plaintiff-Appellant v. Jason Shelley, Defendant-Respondent
March 9, 2011205 N.J. 320
Summary
The Supreme Court of New Jersey held that a private day‑care center that includes a kindergarten class does not qualify as an "elementary school" under N.J.S.A. 2C:35-7, and therefore the defendant's conviction for distributing cocaine within a school zone was vacated. The Court applied a plain‑meaning approach, strict construction of penal statutes, and the doctrine of lenity. Justice Rivera‑Soto dissented, arguing that the statute should cover kindergarten facilities. The judgment of the Appellate Division was affirmed.