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STATE v. TISSOT

152 N.J. Super. 42 (1977)

377 A.2d 761

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT TISSOT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 3, 1977.

Attorney(s) appearing for the Case

Mr. Mark D. Sperber, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Ms. Rosemary K. Reavey, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Albert G. Fredericks, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges FRITZ, ARD and PRESSLER.

PER CURIAM.

In this matter we are confronted with the converse of the question raised and answered in State v. Mickschutz, 101 N.J.Super. 315 (App. Div. 1968). We are faced with the question, expressly reserved in Mickschutz, whether, in a matter within the purview of N.J.S.A. 2A:164-3, the recommendation of the Diagnostic Center that defendant be committed to an institution is controlling upon the sentencing...

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