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STATE v. EMMONS

936 A.2d 459 (2007)

397 N.J. Super. 112

STATE of New Jersey, Plaintiff-Appellant v. Roger EMMONS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 2007.

Attorney(s) appearing for the Case

Maura K. Tully, Deputy Attorney General, argued the cause for appellant (Anne Milgram, Attorney General, attorney; Ms. Tully, of counsel and on the brief).

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney; Mr. Wilensky, of counsel and on the brief).

Before Judges SKILLMAN, WINKELSTEIN and YANNOTTI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves the constitutionality of the section of the Code of Criminal Justice that proscribes a defendant's failure to appear either in court or for service of a sentence. This section, N.J.S.A. 2C:29-7, provides in pertinent part:

A person set at liberty by court order, with or without bail, or who has been issued a summons, upon condition that he will subsequently appear...

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