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STATE v. GRABINSKI

245 N.J. Super. 402 (1991)

585 A.2d 979

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ANNA MARIE GRABINSKI, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1991.

Attorney(s) appearing for the Case

Richard C. Hare, Warren County Prosecutor, attorney for appellant (Frank J. Bucsi, Senior Assistant Prosecutor, on the brief).

Herr & Pursel, attorneys for respondent (Lowell Espey, of counsel and on the brief).

Before Judges GAULKIN, SHEBELL and HAVEY.

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

The issue presented in this appeal is what action constitutes "[t]he commencement of a probation revocation proceeding" so as to toll a probationary period pursuant to N.J.S.A. 2C:45-3c. We hold that the formal filing with the court of a petition or complaint by a probation officer constitutes commencement of a probation revocation proceeding within the contemplation of the statute. We therefore reverse...

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