STATE v. TYLER


88 N.J. Super. 396 (1965)

212 A.2d 573

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THEODORE R. TYLER, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1965.


Attorney(s) appearing for the Case

Mr. William R. Gilson, assigned counsel, argued the cause for appellant (Messrs. Kentz, Kentz & Gilson, attorneys).

Mr. Leslie P. Glick, Assistant Prosecutor, argued the cause for respondent (Mr. Leo Kaplowitz, Union County Prosecutor, attorney).

Before Judges KILKENNY, GOLDMANN and LEWIS.


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

In this appeal defendant, by his assigned counsel, contends that he was improperly resentenced as a third time narcotics offender under N.J.S.A. 24:18-47(b) (3) and argues that the only course now available to the courts is to resentence him as a first offender. The essential facts follow.

On September 12, 1958 defendant pleaded non vult to a charge of unlawful possession of narcotics and...

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