State v. Occhipinti

Schiaffo, J. S. C.

Having been indicted for possession of 0.64 grams of cocaine, defendant makes application for supervisory treatment pursuant to N. J. S. A. 24:21-27. On a prior occasion defendant, without pleading to the pending charge, successfully applied for supervisory treatment, to the Paramus Municipal Court, which subsequently granted a conditional discharge pursuant to N. J. S. A. 24: 21-27.

The prosecutor argues that since defendant has on a prior occasion been afforded the relief of § 27, the court is without jurisdiction to entertain the pending application.

The defendant contends…