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STATE v. RODDY

210 N.J. Super. 62 (1986)

509 A.2d 217

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN S. RODDY, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1986.

Attorney(s) appearing for the Case

Vernon & Aaron, attorneys for appellant (Cathy R. Frank, on the brief).

John A. Kaye, Monmouth County Prosecutor, attorney for respondent (James W. Kennedy, Assistant Prosecutor, of counsel; Allan Stacy, on the brief).

Before Judges J.H. COLEMAN and LONG.

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

The core question raised on this appeal is whether merger by the Appellate Division of two counts of an indictment which formed the basis for a plea agreement may dilute the plea agreement to such an extent as to require vacating the plea agreement. Defendant pleaded guilty to two counts of possession of heroin and cocaine with intent to distribute, contrary to N.J.S.A. 24:21-19a(1). As part of...

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