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STATE v. ROSARIO

916 A.2d 1051 (2007)

391 N.J. Super. 1

STATE of New Jersey, Plaintiff-Respondent, v. Benigno ROSARIO, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 2007.

Attorney(s) appearing for the Case

James K. Smith, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Smith, of counsel and on the brief).

Catherine A. Foddai, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Foddai, of counsel and on the brief).

Before Judge STERN, COLLESTER and MESSANO.

The opinion of the court was delivered by

STERN, P.J.A.D.

Defendant appeals from an order of August 19, 2004 denying his motion "to enforce the plea agreement." Defendant argues that he "was denied his Fourteenth Amendment right to due process of law and his state constitutional right to fundamental fairness when the State refused to honor the terms of a bi-state plea offer after defendant had pled guilty in New York State pursuant to that agreement." As a...

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