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STATE v. MARZOLF

152 N.J. Super. 47 (1977)

377 A.2d 763

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES S. MARZOLF, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 5, 1977.

Attorney(s) appearing for the Case

Mr. Alan Silber argued the cause for appellant.

Ms. Carole F. Greco, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. R. Benjamin Cohen, Assistant Prosecutor, of counsel).

Before Judges LYNCH, MORGAN and ARD.

The opinion of the court was delivered by MORGAN, J.A.D.

Following a trial to a hung jury, defendant entered into a plea agreement pursuant to which he pleaded guilty to a count of possessing marijuana (25 lbs.) in exchange for the State's recommendation that the count charging possession of the marijuana with intent to distribute it be dismissed. No recommendation was to be made as to sentence. The trial judge accepted the agreement and dismissed the intent to distribute...

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