SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

State of New Jersey v. Jason Shelley (A-109-09)

Argued November 30, 2010 -- Decided March 9, 2011

LaVECCHIA, J., writing for a majority of the Court.

The Court considers whether a private day care center that includes a small kindergarten class constitutes an elementary school for purposes of N.J.S.A. 2C:35-7, which establishes the criminal penalty for selling or attempting to sell drugs within areas designated as school zones.