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STATE v. SIMS

Docket No. A-2641-17T2.

246 A.3d 814 (2021)

466 N.J. Super. 346

STATE of New Jersey, Plaintiff-Respondent, v. Anthony SIMS, Jr., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 4, 2021.

Recalled February 4, 2021.

Resubmitted February 4, 2021.

Decided February 4, 2021.

Attorney(s) appearing for the Case

Joseph E. Krakora , Public Defender, attorney for appellant ( Robert Carter Pierce , Designated Counsel, on the briefs).

Christopher J. Gramiccioni , Monmouth County Prosecutor, attorney for respondent ( Maura K. Tully , Assistant Prosecutor, of counsel and on the brief).

Before Judges Rothstadt, Mayer and Susswein (Judge Susswein concurring in part and dissenting in part).

The opinion of the court was delivered by

This appeal requires us to determine as a matter of first impression whether the Supreme Court's holdings in State v. A.G.D., 178 N.J. 56, 835 A.2d 291

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