STATE v. WALL


126 N.J. Super. 594 (1974)

316 A.2d 28

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHRISTOPHER WALL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 1974.


Attorney(s) appearing for the Case

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

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent (Mr. George F. Kugler, Jr., former Attorney General of New Jersey, and Mr. Mart Vaarsi, Deputy Attorney General, of counsel and on the brief).

Before Judges HALPERN, MATTHEWS and BISCHOFF.


PER CURIAM.

In a case of first impression under R. 3:21-2, we are presented with the problem of whether a sentencing judge must obtain an updated presentence report before sentencing a defendant found guilty of violating his probation. We hold such acquisition to be discretionary with the judge, and under the circumstances existing here there was no abuse of discretion in not obtaining it.

Defendant was convicted, after a jury trial, of maliciously...

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