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STATE v. McCAIN

150 N.J. Super. 497 (1977)

376 A.2d 185

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLMORE McCAIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1977.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Ms. Rosemary K. Reavey, Assistant Deputy Public Defender, on the letter brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent (Mr. Benjamin D. Leibowitz, Deputy Attorney General, on the letter brief).

Before Judges FRITZ, ARD and PRESSLER.

PER CURIAM.

The sole ground urged on defendant's appeal is that his sentence of two to three years in State prison, imposed after his violation of at least one of the conditions of his prior probation and upon his guilty plea to that violation, was excessive. He seeks a return to probation.

We are not impressed with his claim that the admitted violation1 — his counsel acknowledged that "Mr. McCain

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