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STATE v. SORICELLI

722 A.2d 95 (1999)

156 N.J. 525

STATE of New Jersey, Plaintiff-Appellant, v. Michael SORICELLI, Defendant-Respondent.

Supreme Court of New Jersey.

Decided January 11, 1999.

Attorney(s) appearing for the Case

John J. Scaliti, Assistant Prosecutor, for plaintiff-appellant (William H. Schmidt, Bergen County Prosecutor, attorney).

Teresa A. Blair, Deputy Attorney General, for amicus curiae, Attorney General of New Jersey, (Peter Verniero, Attorney General, attorney).

Jodi L. Ferguson, Assistant Deputy Public Defender, for defendant-respondent (Ivelisse Torres, Public Defender, attorney).

The opinion of the Court was delivered by STEIN, J.

Based on the dissent below, the State appeals to this Court as of right, R. 2:2-1, from a judgment of the Appellate Division affirming the Law Division's resentencing of defendant to a three and one-half year probationary sentence based on defendant's guilty plea to second-degree possession of phencyclidine (PCP) with intent to distribute, in violation of N.J.S.A. 2C:35-5(a)(1) and -5(b)(7), and his...

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