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STATE v. KIRK

145 N.J. 159 (1996)

678 A.2d 233

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. OSCAR LEE KIRK, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 10, 1996.

Attorney(s) appearing for the Case

Janet Flanagan, Deputy Attorney General, argued the cause for appellant (Deborah T. Poritz, Attorney General of New Jersey, attorney).

Ruth Bove Carlucci, Assistant Deputy Public Defender, argued the cause for respondent (Susan L. Reisner, Public Defender, attorney).

The opinion of the Court was delivered by COLEMAN, J.

The critical issue raised in this appeal is whether the trial court properly exercised its discretion in finding that a prosecutor did not act arbitrarily in declining to waive imposition of an extended term sentence under the guidelines promulgated pursuant to State v. Lagares, 127 N.J. 20, 601 A.2d 698 (1992). The Appellate Division, hearing...

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