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STATE v. RYDZEWSKI

112 N.J. Super. 517 (1970)

271 A.2d 907

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. STANLEY RYDZEWSKI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 1970.

Attorney(s) appearing for the Case

Mr. Robert A. Galisson, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Edward Weisslitz, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Joseph T. Maloney, Deputy Attorney General, argued the cause for Department of Institutions and Agencies (Mr. George F. Kugler, Jr., Attorney General, attorney).

Mr. Richard A. Fiore, Assistant Prosecutor, argued the cause for respondent (Mr. Robert Dilts, Bergen County Prosecutor, attorney).

Before Judges GOLDMANN, LEONARD and MOUNTAIN.

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

On this appeal from a denial of his petition for post-conviction relief defendant again argues, as he did in the County Court, that the denial of his applications for classification as a "minimum security" prisoner constitutes an illegal sentence and, further, that the 3-5 and 1-2 concurrent State Prison sentences imposed for breaking and entering and for larceny were "manifestly" excessive although concededly...

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