STATE v. BATTAGLIA


135 N.J. Super. 211 (1975)

343 A.2d 103

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL BATTAGLIA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1975.


Attorney(s) appearing for the Case

Michael R. Rubino, Jr., Assistant Prosecutor argued the cause for the appellant (Joseph C. Woodcock, Jr., Prosecutor of Bergen County, attorney).

John J. Baldino argued the cause for the respondent (Calissi, Klinger, Cuccio & Baldino, attorneys).

Before Judges KOLOVSKY, LYNCH and ALLCORN.


The opinion of the court was delivered by ALLCORN, J.A.D.

By the adoption of N.J.S.A. 24:21-27 the Legislature authorized the establishment of the suspension procedure for qualifying individuals charged with certain offenses under the Controlled Dangerous Substances Act, N.J.S.A. 24:21-1 et seq. That same section delineated the limits within which the suspension procedure might be used.

In language that is clear and unambiguous, eligibility...

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