STATE v. POMETTI


23 N.J. Super. 516 (1952)

93 A.2d 409

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EUGENE POMETTI, KNOWN ALSO AS EUGENE LAMONT, DEFENDANT-APPELLANT (TWO CASES).

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1952.


Attorney(s) appearing for the Case

Mr. Donald G. Collester argued the cause for the plaintiff-respondent.

Mr. Frank A. Palmieri argued the cause for the defendant-appellant.

Before Judges EASTWOOD, GOLDMANN and FRANCIS.


The opinion of the court was delivered by EASTWOOD, S.J.A.D.

The question for determination is whether the defendant is entitled to elect to withdraw his plea of nolo contendere as of right, or whether it is discretionary with the court to permit the defendant to do so.

On November 27, 1951 the Passaic County grand jury returned three indictments against the appellant Eugene Pometti and others, charging...

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