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STATE v. VELEZ

229 N.J. Super. 305 (1988)

551 A.2d 540

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALDO VELEZ, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES NEGVESKY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 1988.

Attorney(s) appearing for the Case

A. Kenneth Weiner, attorney for appellant Aldo Velez (Mark S. Cholouski, of counsel; Jack M. Dudas, on the brief).

Bowers, Murphy, O'Brien & Lieberman, attorneys for appellant James Negvesky (Steven B. Lieberman, joined in the brief submitted on behalf of codefendant Velez and submitted a separate letter brief).

W. Cary Edwards, Attorney General, attorney for respondent (Robert E. Bonpietro, Deputy Attorney General, of counsel and on the letter brief in A-1261-87; J. Grall Robinson, Deputy Attorney General, of counsel and on the letter brief in A-1258-87).

Before Judges PETRELLA, SHEBELL and GRUCCIO.

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

These appeals involve the issue of whether a defendant has a right to require sentencing under the Comprehensive Drug Reform Act of 1986 (CDRA) when the offenses involved occurred prior to that act's effective date. Since both defendants were the subject of the same indictment and the same issues are involved in both appeals we hereby consolidate them for purposes of this opinion.

Defendant Aldo...

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