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STATE v. WHITAKER

79 N.J. 503 (1979)

401 A.2d 509

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. McCOY WHITAKER, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 8, 1979.

Attorney(s) appearing for the Case

Mr. Kenneth N. Lipstein, Deputy Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

Mr. Jeffrey P. Blumstein, Designated Counsel, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the court was delivered by HUGHES, C.J.

On the petition of the State, we granted certification of a decision by the Appellate Division which had modified sentences imposed upon a defendant convicted after jury trial of numerous serious offenses. This appellate action was predicated on a conclusion that such sentences were "unduly harsh and punitive and justice will best be accomplished by some modification." On this basis the appellate court imposed...

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