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STATE v. SORICELLI

302 N.J. Super. 193 (1997)

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL SORICELLI, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1997.

Attorney(s) appearing for the Case

John J. Scaliti, Special Deputy Attorney General, argued the cause for appellant (Charles R. Buckley, Deputy Attorney General; Acting Bergen County Prosecutor, attorney; Mr. Scaliti, of counsel and on the letter brief).

Jodi L. Ferguson, Assistant Deputy Public Defender, argued the cause for respondent (Susan L. Reisner, Public Defender, attorney, Ms. Ferguson, of counsel and on the letter brief).

Before Judges PRESSLER, HUMPHREYS and WECKER.

The opinion of the court was delivered by WECKER, J.S.C. (temporarily assigned).

The State appeals a probationary sentence imposed upon remand. Defendant pled guilty to second-degree possession of a controlled dangerous substance, phencyclidine, with intent to distribute, in violation of N.J.S.A. 2C:35-5a(1) and 2C:35-5b(7). After entering into a plea agreement calling for the State to recommend a maximum five-year sentence, defendant was sentenced to a five...

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