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STATE v. BELLAMY

748 A.2d 106 (2000)

329 N.J. Super. 371

STATE of New Jersey, Plaintiff-Respondent, v. Rudy BELLAMY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 2000.

Attorney(s) appearing for the Case

Adam W. Toraya, Designated Counsel, for defendant-appellant (Ivelisse Torres, Public Defender, attorney; Mr. Toraya of counsel and on the brief).

Susan W. Sciacca, Deputy First Assistant Prosecutor, for plaintiff-respondent (William H. Schmidt, Bergen County Prosecutor, attorney; Ms. Sciacca of counsel and on the brief).

Before Judges PRESSLER, KIMMELMAN and CIANCIA.

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

Defendant Rudy Bellamy and co-defendant William Green were indicted on charges of possessing more than five ounces of cocaine with intent to distribute, N.J.S.A. 2C:35-5a(1) and 5b(1) (count one), as well as simple possession of cocaine, N.J.S.A. 2C:35-10a(1) (count two). The day before their joint trial was to begin Green entered a guilty plea, without benefit of a plea agreement, and subsequently...

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