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STATE v. TATE

A-99 September Term 2011, 069314

79 A.3d 459 (2013)

216 N.J. 300

STATE of New Jersey, Plaintiff-Respondent, v. Troy N. TATE, Defendant-Appellant.

Supreme Court of New Jersey.

Decided November 12, 2013.

Attorney(s) appearing for the Case

Rochelle M.A. Watson , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Ms. Watson and William P. Welaj , Designated Counsel, on the briefs).

Courtney M. Cittadini , Assistant County Prosecutor, argued the cause for respondent (James P. McClain, Acting Atlantic County Prosecutor, attorney).

Judge RODRÍGUEZ, temporarily assigned, delivered the opinion of the court.

The doctrine of merger is based on the concept that "an accused [who] committed only one offense ... cannot be punished as if for two." State v. Davis, 68 N.J. 69, 77, 342 A.2d 841 (1975). As such, "[m]erger implicates a defendant's substantive constitutional rights." State v. Miller, 108 N.J...

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