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STATE v. FITZSIMMONS

286 N.J. Super. 141 (1995)

668 A.2d 453

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KEVIN FITZSIMMONS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1995.

Attorney(s) appearing for the Case

Brian J. Neary, attorney for appellant (Mr. Neary, of counsel and on the brief; Yung-Mi Lee, on the brief).

Charles R. Buckley, Acting Bergen County Prosecutor, attorney for respondent (John J. Scaliti & Stuart Minkowitz, Special Deputy Attorneys General, of counsel and on the letter brief).

Before Judges PRESSLER, KEEFE and A.A. RODRIGUEZ.

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

On the State's motion for reconsideration, the Law Division judge reversed his prior ruling and rejected defendant's application for participation in the Pre-trial Intervention Program ("PTI"). Thereafter, defendant pled guilty to two counts of third degree burglary in connection with an accusation, and also pled guilty to third degree distribution of a controlled dangerous substance and distribution of a controlled...

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