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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: October 11, 2001

Following his 1996 conviction for conspiracy to distribute a controlled dangerous substance (CDS) (cocaine) contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5b(2), and the exhaustion of his direct appeal remedies, defendant Alexander Kettles filed a petition for post-conviction relief (PCR). Defendant asserted that he was entitled to a new trial because the trial judge should have been disqualified from presiding at his trial. The PCR judge agreed, concluding that a conflict of interest existed, but disqualified the trial judge only from imposing sentence. Defendant was resentenced from an extended term of fifteen years with seven years parole ineligibility to ten years with three years of parole ineligibility; his request for a new trial was denied.

 
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