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STATE v. CANTALUPO

150 N.J. Super. 52 (1977)

374 A.2d 1224

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PATRICK CANTALUPO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1977.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. Frederick C. Norton, designated counsel, of counsel and on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for the respondent (Mr. William F. Lamb, Deputy Attorney General, of counsel and on the brief).

Before Judges FRITZ, ARD and PRESSLER.

PER CURIAM.

Defendant Patrick Cantalupo was indicted on charges of entering with intent to steal, in violation of N.J.S.A. 2A:94-1, and larceny in violation of N.J.S.A. 2A:119-2. Following plea negotiations defendant had entered a plea of guilty to these charges upon the State's undertaking to recommend a noncustodial sentence. The sentencing judge, however, after review of the presentence investigation, declined to accept the noncustodial sentence recommendation...

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