STATE v. SILVA


236 N.J. Super. 90 (1989)

564 A.2d 138

STATE OF NEW JERSEY, PLAINTIFF, v. GERALDO SILVA, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal), Hudson County.

Decided July 13, 1989.


Attorney(s) appearing for the Case

Robert E. Zucconi for plaintiff (Paul M. DePascale, Hudson County Prosecutor, attorney).

Adam Jacobs for defendant.


ARIEL A. RODRIGUEZ, J.S.C.

The issue presented at this sentencing hearing is whether the court has discretion to order that a custodial sentence be served on weekends when the sentence is pursuant to a negotiated or "contract" plea under N.J.S.A. 2C:35-12.

The procedural history is not in dispute. Defendant entered a guilty plea to count two, charging possession of marijuana (under one ounce) with intent to distribute or dispense the same while within...

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