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STATE v. SOTO

896 A.2d 1153 (2006)

385 N.J. Super. 257

STATE of New Jersey, Plaintiff-Respondent, v. Heriberto SOTO, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 2006.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Donald T. Thelander, Assistant Deputy Public Defender, of counsel and on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Robyn M. Mitchell, Deputy Attorney General, of counsel and on the brief).

Before Judges KESTIN, R.B. COLEMAN and SELTZER.

The opinion of the court was delivered by

R.B. COLEMAN, J.A.D.

On August 23, 2001, defendant, Heriberto Soto, was charged in Passaic County Indictment No. 02-03-0279, with the following offenses: third degree possession of a controlled dangerous substance (CDS), cocaine, N.J.S.A. 2C:35-10a(1) (count one); second degree possession of cocaine with the intent to distribute in a quantity of one-half ounce or more but less than five ounces, N.J.S.A.<...

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