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STATE v. FALCONE

211 N.J. Super. 685 (1986)

512 A.2d 576

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LAWRENCE FALCONE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1986.

Attorney(s) appearing for the Case

Stephen P. Tasy, Deputy Attorney General, argued the cause for appellant State of New Jersey, Department of Corrections (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Stephen P. Tasy, on the brief).

Philip M. Saginario argued the cause for respondent (Philip M. Saginario, attorney; Richard L. Marcickiewicz, on the brief).

Before Judges MICHELS, GAULKIN and STERN.

The opinion of the Court was delivered by MICHELS, P.J.A.D.

Plaintiff State of New Jersey, Department of Corrections appeals from part of an order of the Law Division which directed that defendant Lawrence Falcone "be transported from the Morris County jail to the State Diagnostic & Treatment Center at Avenel" within ten days. The pivotal issue raised by this appeal is whether the sentencing court had the power to direct the immediate admission of defendant to...

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