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STATE v. RIVASTINEO

Docket No. A-3720-15T2.

149 A.3d 321 (2016)

447 N.J. Super. 526

STATE of New Jersey, Plaintiff-Appellant, v. Richard RIVASTINEO, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 2016.

Attorney(s) appearing for the Case

Steven A. Yomtov , Deputy Attorney General, argued the cause for appellant ( Christopher S. Porrino , Attorney General, attorney; Garima Joshi , Deputy Attorney General, of counsel and on the brief).

John Douard , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney; Mr. Douard, of counsel and on the brief).

Before Judges Reisner, Koblitz and Sumners.

The opinion of the court was delivered by

The State, with leave granted, appeals from an interlocutory order of March 24, 2016 dismissing two counts of the indictment because the motion judge concluded that the State is precluded from aggregating the weight of cocaine and heroin to achieve a higher degree of crime pursuant...

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