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STATE v. VELAZQUEZ

54 N.J. 493 (1969)

257 A.2d 97

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CARMELO VELAZQUEZ, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 6, 1969.

Attorney(s) appearing for the Case

Mr. Gaetano J. Alaimo argued the cause for the appellant.

Mr. Alan J. Pogarsky, Assistant County Prosecutor, argued the cause for the respondent (Mr. Robert H. Doherty, Jr., Ocean County Prosecutor, attorney).

PER CURIAM.

The judgment is affirmed for the reasons expressed in the majority opinion of Judge Collester in the Appellate Division.

JACOBS, J., concurring:

Although the members of the Appellate Division agreed on guilt they differed on sentence. Judges Collester and Labrecque found that the trial judge had not improperly exercised his discretion in sentencing the defendant to a term of 1-2 years in the New Jersey State Prison. Judge Gaulkin considered...

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