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STATE v. BABCOCK

157 N.J. Super. 107 (1978)

384 A.2d 563

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CLIFFORD BABCOCK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1978.

Attorney(s) appearing for the Case

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

Mr. John Degnan, Attorney General of New Jersey, attorney for respondent (Mr. William F. Hyland, former Attorney General of New Jersey, and Mr. William F. Bolan, Jr., Deputy Attorney General, on the letter brief).

Before Judges FRITZ, BOTTER and ARD.

PER CURIAM.

The only grounds urged on this appeal by defendant are the illegality of one sentence and the excessiveness of another.

Defendant was charged in a three-count indictment with atrocious assault and battery (N.J.S.A. 2A:90-1), rape (N.J.S.A. 2A:138-1) and assault with intent to commit rape (N.J.S.A. 2A:90-2). He pleaded guilty to rape and the State recommended dismissal of the...

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