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STATE v. HOPSON

114 N.J. Super. 146 (1971)

275 A.2d 161

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ARTHUR C. HOPSON, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1971.

Attorney(s) appearing for the Case

Mr. Herbert I. Waldman, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, Attorney; Mr. Gerald T. Foley, Jr., Deputy Public Defender, of counsel and on the brief).

Mr. Joseph A. Fusco, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, Attorney; Mr. David S. Baime, Assistant Prosecutor, of counsel and on the brief).

Before Judges KILKENNY, HALPERN and LANE.

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

Defendant pleaded guilty to an indictment for possession of heroin (N.J.S.A. 24:18-4). He was sentenced to the New Jersey Reformatory for Males at Yardville for a minimum term of 3 years and fined $25. He appeals contending that the sentence was illegal and excessive.

The initial contention that the sentence was illegal is based upon N.J.S.A. 30:4-148, which provides that a sentence to the...

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