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 affirmed the Appellate Division’s decision vacating Jason Shelley’s conviction for distributing cocaine within a school zone, holding that a private day‑care center with a kindergarten class does not qualify as an “elementary school” under N.J.S.A. 2C:35-7. Justice LaVECCHIA authored the opinion, and Justice Rivera‑Soto dissented, arguing the opposite.