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STATE v. FERRARA

197 N.J. Super. 1 (1984)

484 A.2d 13

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIAM FERRARA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1984.

Attorney(s) appearing for the Case

Howard G. Golden, Assistant Prosecutor, argued the cause for appellant (John H. Stamler, Union County Prosecutor, attorney; Maris Konray, Assistant Prosecutor, on the brief).

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for respondent (Joseph H. Rodriguez, Public Defender, attorney).

Before Judges MATTHEWS, GAULKIN and SHEBELL.

PER CURIAM.

The State purports to appeal from a final judgment imposing a probationary sentence upon defendant's conviction for possession of heroin with intent to distribute (N.J.S.A. 24:21-19(a)(1)).

We need not determine whether N.J.S.A. 2C:44-1(f)(2) permits the State to appeal from a probationary sentence imposed for a Title 24 offense. Here, as part of the plea agreement, the State agreed to remain silent at the time of sentence, and it...

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