STATE v. DACHIELLE


195 N.J. Super. 40 (1984)

477 A.2d 845

STATE OF NEW JERSEY, PLAINTIFF, v. DANIEL THOMAS DACHIELLE, DEFENDANT.

Superior Court of New Jersey, Law Division Hudson County.

Decided April 23, 1984.


Attorney(s) appearing for the Case

Alan Silber, for defendant (Silber & Rubin, attorneys).

Donald S. Gardner, for plaintiff (Harold J. Ruvoldt, Jr., Hudson County Prosecutor, attorney).


STERN, J.S.C.

Defendant's post appeal motion for change or reduction of sentence requires this court to consider the interrelation of R. 3:21-10(a) and (b). The real issue is whether defendant's application is truly a motion to change "a custodial sentence to permit entry of the defendant into a custodial or non-custodial treatment or rehabilitation program for drug or alcohol abuse" which can be made at any time. R. 3:21-10(b)(1). Since September 13...

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