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STATE v. SANDERS

171 N.J. Super. 515 (1979)

410 A.2d 77

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KENNETH SANDERS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1979.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender, attorney for appellant (H. Richard Chattman, Assistant Deputy Public Defender, on the letter brief).

John J. Degnan, Attorney General of New Jersey, attorney for respondent (Donald S. Coburn, Essex County Prosecutor, of counsel; Mark H. Sobel, Assistant Prosecutor, on the letter brief).

Before Judges LORA, ANTELL and PRESSLER.

PER CURIAM.

Having pleaded guilty to a charge of possession of heroin, defendant Kenneth Sanders moved for conditional discharge pursuant to N.J.S.A. 24:21-27.1 The motion was denied and defendant sentenced to a suspended six-month jail sentence and two years probation. Defendant appeals, claiming that the denial constituted a mistaken exercise of discretion.

On a motion...

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