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STATE v. AMMIRATA

104 N.J. Super. 304 (1969)

250 A.2d 24

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN AMMIRATA, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 1969.

Attorney(s) appearing for the Case

Mr. Gerald T. Foley, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Arthur J. Timins, Assistant Prosecutor, argued the cause for respondent (Mr. Leo Kaplowitz, Union County Prosecutor, attorney; Mr. Henry W. Jaeger, Assistant Prosecutor, on the brief).

Before Judges GAULKIN, COLLESTER and LABRECQUE.

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

Defendant was convicted of unlawful possession of narcotics contrary to N.J.S.A. 24:18-4 and was sentenced to "an indeterminate term in the New Jersey Reformatory for Males, for not less than a period of two years," plus a fine of $25. He challenges the sentence as improper, arguing that, under N.J.S.A. 30:4-148, a sentence to the reformatory may not impose a minimum period of detention, and...

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