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STATE v. MARZOLF

79 N.J. 167 (1979)

398 A.2d 849

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES S. MARZOLF, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 14, 1979.

Attorney(s) appearing for the Case

Ms. Carole Fitzgibbon Greco, Assistant Prosecutor argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Donald S. Coburn, Essex County Prosecutor, of counsel).

The New Jersey Prosecutors' Association, amicus curiae, joined in the brief filed on behalf of the appellant (Mr. James T. O'Halloran, Hudson County Prosecutor, attorney).

Mr. Alan Silber argued the cause for respondent.

The opinion of the court was delivered by HANDLER, J.

This case concerns the validity of a custodial sentence imposed upon defendant, James Marzolf, for the possession of marijuana, following a plea bargain pursuant to which a second charge, possession of marijuana with intent to distribute, had been dismissed. In imposing the six months custodial sentence, the court took into consideration the quantity of marijuana involved...

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