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STATE v. FARMER

841 A.2d 420 (2004)

366 N.J. Super. 307

STATE of New Jersey, Plaintiff-Respondent, v. Douglas FARMER, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 2004.

Attorney(s) appearing for the Case

Andrew P. Slowinski, Designated Counsel, Newark, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Slowinski, of counsel and on the brief).

Deborah Bartolomey, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Ms. Bartolomey, of counsel and on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and PAYNE.

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

Defendant was convicted of possession of heroin and/or cocaine, N.J.S.A. 2C:35-10 (count one), and possession with intent to distribute heroin, N.J.S.A. 2C:35-5a and 5b (count two). The trial judge merged the two counts and sentenced defendant to five years in the custody of the Commissioner of Corrections consecutive to a sentence he was then serving. On this appeal defendant argues that (1)...

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