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STATE v. COOPER

295 N.J. Super. 40 (1996)

684 A.2d 524

STATE OF NEW JERSEY, PLAINTIFF, v. DARNELL COOPER, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

July 26, 1996.

Attorney(s) appearing for the Case

Clifford J. Minor, Essex County Prosecutor, Eugene Holt, for plaintiff.

Michael Marucci, Public Defender for Essex County, Patricia McEnroe, for defendant.

FAST, J.S.C.

This is a restatement of the reasons given upon sentencing a defendant to a period of parole ineligibility that was longer than that recommended by the prosecutor in a plea agreement. Defendant took issue with the court's authority to do that; the prosecutor took no position on the issue.

STATEMENT OF THE ISSUE

The issue presented in this matter is whether the court can, sua sponte, enhance the sentence of a defendant for the...

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