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IN RE APPLICATION OF NICHOLSON

69 N.J. Super. 230 (1961)

174 A.2d 204

IN THE MATTER OF THE APPLICATION OF NEW JERSEY REFORMATORY AT BORDENTOWN FOR CORRECTION OF ILLEGAL SENTENCE IMPOSED UPON JOHN T. NICHOLSON.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1961.

Attorney(s) appearing for the Case

Mr. Eugene T. Urbaniak, Deputy Attorney General, argued the cause for appellant State of New Jersey (Mr. David D. Furman, Attorney General, attorney; Mr. Urbaniak, on the brief).

Mr. Ira Rabkin argued the cause for respondent.

Before Judges GOLDMANN, FOLEY and LEWIS.

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

John T. Nicholson was convicted in the Camden County Court for the crime of conspiracy, in violation of N.J.S. 2A:98-1. On January 28, 1960 he was sentenced to serve an indeterminate term in the New Jersey Reformatory at Bordentown. See N.J.S.A. 30:4-148.

N.J.S. 2A:98-1 provides that the crime of conspiracy shall be punished as a misdemeanor unless the conspiracy involved the...

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