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STATE v. IRRIZARY

745 A.2d 550 (2000)

328 N.J. Super. 198

STATE of New Jersey, Plaintiff-Appellant/ Cross-Respondent, v. Harry IRRIZARY, Defendant-Respondent/ Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 2000.

Attorney(s) appearing for the Case

William H. Schmidt, Bergen County Prosecutor, for plaintiff-appellant/cross-respondent (Annmarie Cozzi, Assistant Prosecutor, of counsel and on the brief).

De Meo & LaVista, for defendant-respondent/cross-appellant (Anthony F. LaVista, Paterson, on the brief).

Before Judges PETRELLA, BRAITHWAITE and COBURN.

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

On January 10, 1997, defendant sold two ounces of cocaine to an undercover sheriff's officer in the parking lot of the A & P Supermarket in Garfield. Defendant was arrested and indicted for second-degree distribution of cocaine, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(2); and two counts of possession of cocaine, N.J.S.A. 2C:35-10(a)(1).

Thereafter, defendant was advised...

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