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STATE v. BARBER

262 N.J. Super. 157 (1993)

620 A.2d 445

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. LINNETTE E. BARBER, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 1993.

Attorney(s) appearing for the Case

Zulima V. Farber, Public Defender of New Jersey, attorney for appellant (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the brief).

Richard C. Hare, Warren County Prosecutor, attorney for respondent (Frank J. Bucsi, Chief Assistant Prosecutor, on the brief).

Before Judges KING and THOMAS.

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

There is one significant issue raised on this appeal. The sentencing judge downgraded or reduced defendant Linnette Barber's conviction of possession of cocaine (three kilograms), with intent to distribute, N.J.S.A. 2C:35-5(b)(1), a first-degree offense, to a second-degree offense for purposes of sentencing pursuant to N.J.S.A. 2C:44-1(f)(2). However, the sentencing judge refused to impose a period...

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