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STATE v. GRABOWSKI

Municipal Appeal No. 4600

908 A.2d 861 (2006)

THE STATE OF NEW JERSEY, Plaintiff, v. RONALD GRABOWSKI, Defendant.

Superior Court of New Jersey, Law Division, Passaic County

Decided June 26, 2006

Attorney(s) appearing for the Case

Jennifer Bedrin, Assistant County Prosecutor, for plaintiff (James F. Avigiliano, Passaic County Prosecutor).

Joel P. Bogorad for defendant.

OPINION

DELUCCIA, J.S.C.

The issue raised in this appeal is whether a defendant, having been convicted of a third or subsequent violation of N.J.S.A. 39:4-50, may be sentenced to periodic imprisonment pursuant to N.J.S.A. 2B:12-22 notwithstanding the provisions of Michael's Law (L. 2003, c. 315), which amended N.J.S.A. 39:4-50 and

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