STATE v. HESTER


815 A.2d 543 (2003)

357 N.J. Super. 428

STATE of New Jersey, Plaintiff-Appellant, v. Anthony HESTER, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 2003.


Attorney(s) appearing for the Case

Michael M. Rubbinaccio, Morris County Prosecutor, attorney for appellant (Joseph Connor, Jr., Assistant Prosecutor, on the brief).

Yvonne Smith Segars, Public Defender, attorney for respondent (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges STERN, COBURN and ALLEY.


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

Pursuant to N.J.S.A. 2C:35-14(c),1 the State appeals from the sentencing of defendant, over its objection, to "special probation," which the parties also refer to as a "Drug Court program." On appeal, the State argues that the trial court's decision must be reversed "because the prosecutor did not commit a patent and gross abuse of discretion in vetoing defendant's application...

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