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STATE v. CALIGUIRI

726 A.2d 912 (1999)

158 N.J. 28

STATE of New Jersey, Plaintiff-Respondent and Cross-Appellant, v. Anthony CALIGUIRI, Defendant-Appellant and Cross-Respondent.

Supreme Court of New Jersey.

Decided April 14, 1999.

Attorney(s) appearing for the Case

Cecelia Urban, Assistant Deputy Public Defender, for defendant-appellant and cross-respondent (Ivelisse Torres, Public Defender, attorney).

Linda K. Danielson, Deputy Attorney General, for plaintiff-respondent and cross-appellant (Peter Verniero, Attorney General of New Jersey, attorney).

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

In this appeal, the Court must determine if a prosecutor may refuse to admit a defendant to a Pretrial Intervention (PTI) Program solely because he is charged with possession of marijuana with intent to distribute within 1000 feet of school property. Under N.J.S.A. 2C:35-7, that crime is a third-degree offense carrying a mandatory term of imprisonment. Neither...

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