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STATE v. PHILLIPS

169 N.J. Super. 452 (1979)

404 A.2d 1270

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HARLEY V. PHILLIPS, MATTHEW SMITH AND CLARENCE WELDEN, JR., DEFENDANTS-APPELLANTS. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DEBORAH PETERSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 1979.

Attorney(s) appearing for the Case

Mr. Charles E. Viel argued the cause for appellants Harley V. Phillips, Matthew Smith and Clarence Welden, Jr.

Mr. Christopher H. Riley, Jr., attorney for appellant Deborah Peterson, relied on brief filed by other appellants.

Mr. William P. Doherty, Jr., Prosecutor of Cumberland County, filed a brief on behalf of respondent in A-894-77 (Mr. Kevin P. McCann, on the brief).

No brief was filed on behalf of respondent in A-1157-77.

Before Judges SEIDMAN, MORGAN and PRESSLER.

PER CURIAM.

Harley V. Phillips, Matthew Smith and Clarence Weldon, Jr.,1 were all found guilty in municipal court of violating N.J.S.A. 39:4-50, subparagraph (b) in the case of Phillips and subparagraph (a) in the case of Smith and Welden. As permitted by N.J.S.A. 39:4-50.7, each elected to be sentenced under the provisions of the amended statute, L. 1977, c. 29. Phillips was sentenced as

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