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STATE v. CASTAING

728 A.2d 865 (1999)

321 N.J. Super. 292

STATE of New Jersey, Plaintiff-Respondent, v. Julio CASTAING, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 25, 1999.

Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, attorney for defendant-appellant (Abby P. Schwartz, Assistant Deputy Public Defender, on the letter brief).

Patricia A. Hurt, Essex County Prosecutor, attorney for plaintiff-respondent (Maryann K. Lynch, Assistant Prosecutor, on the letter brief).

Before Judges CONLEY, A.A. RODRÍGUEZ and BILDER, J.A.D., retired and temporarily assigned on recall.

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

In this appeal, we decide that the holding in State v. Brimage, 153 N.J. 1, 706 A.2d 1096 (1998), which proscribes intercounty disparity in prosecutorial waivers of mandatory minimum terms required by N.J.S.A. 2C:35-12, also applies to post-conviction sentence agreements. Thus, a defendant convicted of a Section 12 violation...

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