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STATE v. PIERCE

115 N.J. Super. 346 (1971)

279 A.2d 871

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ELTON C. PIERCE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1971.

Attorney(s) appearing for the Case

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

Mr. Joseph Tuso, Cumberland County Prosecutor, attorney for respondent (Mr. Samuel J. Serata, Assistant Prosecutor, of counsel and on the brief).

Before Judges CONFORD, KOLOVSKY and CARTON.

PER CURIAM.

This second post-conviction application based primarily upon alleged excessiveness of sentence was barred since a prior post-conviction application on the same ground was determined adversely to defendant and not appealed. R. 3:22-3; 3:22-5. Moreover, alleged excessiveness of sentence is not an appropriate ground of post-conviction relief, but only a ground for direct appeal from the conviction unless the sentence is "in excess of or otherwise not...

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