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STATE v. GLASPIE

No. A-4920-10T3.

60 A.3d 821 (2013)

429 N.J. Super. 558

STATE of New Jersey, Plaintiff-Respondent, v. Leon C. GLASPIE a/k/a Ira Jones, Darrell Washington, Leon Clarence Glaspie, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 2013.

Attorney(s) appearing for the Case

Brian Plunkett , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Mr. Plunkett , of counsel and on the briefs).

Kenneth Burden , Deputy Attorney General, argued the cause for respondent ( Jeffrey S. Chiesa , Attorney General, attorney; Mr. Burden , of counsel and on the brief).

Before Judges ALVAREZ, WAUGH and ST. JOHN.

The opinion of the court was delivered by

ALVAREZ, J.A.D.

We address the question of whether a defendant who was simultaneously serving a federal sentence and awaiting the disposition of unrelated federal charges may invoke the protection of the anti-shuttling provisions of the Interstate Agreement on Detainers (IAD), N.J.S.A. 2A:159A-1 to -15, in order to obtain dismissal of state charges. See N.J.S.A. 2A:159A-4(e).

In 1988, Congress...

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