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STATE v. CLARKE

A-11/12 September Term 2009

1 A.3d 607 (2010)

203 N.J. 166

STATE of New Jersey, Plaintiff-Appellant, v. Richard CLARKE, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. William T. Dolan, Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 21, 2010.

Attorney(s) appearing for the Case

Jamin Cooper, Assistant Prosecutor, argued the cause for appellant (Wayne J. Forrest, Somerset County Prosecutor, attorney; Eric M. Mark, Assistant Prosecutor, on the brief).

Stephen P. Hunter, Assistant Deputy Public Defender, argued the cause for respondents (Yvonne Smith Segars, Public Defender, attorney; Mr. Hunter and Randall W. Westreich, Assistant Deputy Public Defender, on the briefs).

Ronald Susswein, Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney).

Justice WALLACE, JR., delivered the opinion of the Court.

We consolidate these companion Drug Court appeals for the purpose of this opinion and address whether it was error for the Appellate Division to remand in both cases to conduct "plenary" hearings. In each case, the prosecutor objected to the admission of the defendant into Drug Court, and each appealed. The Drug Court judge relied on several reasons to deny relief in...

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