[brief] THE LOWER COURT ERRED IN RULING THE DEFENDANT ELIGIBLE FOR RECOVERY COURT SPECIAL PROBATION AS HE IS BARRED FROM ENTRY UNDER N.J.S.A. 2C:35-14A(5) AND TO PERMIT ADMITTANCE WILL LEAD TO THE IMPOSITION OF AN ILLEGAL SENTENCE.  A.  Defendant is a Track One Recovery Court Candidate.  To be admitted into Recovery Court Special Probation, a defendant must be deemed clinically and legally eligible by a Recovery Court judge to enter the program.  June 2019 New Jersey Statewide Drug Court Manual at 10.  “Every candidate falls under one of two distinct and mutually exclusive tracks.  To determine legal eligibility, the [Recovery Court] must first determine whether the defendant is a Track One or Track Two candidate. ”  State v. Harris, 466 N.J. Super. 502, 551 (App. Div. 2021).  To qualify as a Track One candidate, a defendant must be charged with an offense that subjects him either to a presumption of incarceration under N.J.S.A. 2C:44-1d or a mandatory term of parole ineligibility.  Ibid.  Otherwise, the defendant is deemed a Track Two candidate.  Ibid.  A Track One candidate can only be admitted into Recovery Court under N.J.S.A. 2C:35-14.  Ibid.  Defendant must meet all nine (9) eligibility factors enumerated under N.J.S.A. 2C:35-14(a).  Ibid.  These factors are as follows: (1) the person has undergone a professional diagnostic assessment to determine whether and to what extent the person is drug or alcohol dependent and would benefit from treatment; and (2) the person is a drug or alcohol dependent person within the meaning of N.J.S.A. 2C:35-2 and was drug or alcohol dependent at the time of the commission of the present offense; and (3) the present offense was committed while the person was under the influence of a controlled dangerous substance, controlled substance analog or alcohol or was committed to acquire property or monies in order to support the person’s drug or alcohol dependency; and (4) substance use disorders treatment and monitoring will serve to benefit the person by addressing the person’s drug or alcohol dependency and will thereby reduce the likelihood that the person will thereafter commit another offense; and (5) the person did not possess a firearm at the time of the present offense and did not possess a firearm at the time of any pending criminal charge; and (6) the person has not been previously convicted on two or more separate occasions of crimes of the first or second degree, other than those listed in paragraph (7); or the person has not been previously convicted on two or more separate occasions, where one of the offenses is a crime of the third degree, other than crimes defined in N.J.S.A. 2C:35-10, and one of the offenses is a crime of the first or second degree; and (7) the person has not been previously convicted or adjudicated delinquent for, and does not have a pending charge of murder, aggravated manslaughter, manslaughter, kidnapping, aggravated assault, aggravated sexual assault or sexual assault, or a similar crime under the laws of any other state or the United States; and (8) a suitable treatment facility licensed and approved by the Division of Mental Health and Addiction Services in the Department of Human Services is able and has agreed to provide appropriate treatment services in accordance with the requirements of this section; and (9) no danger to the community will result from the person being placed on special probation pursuant to this section.