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STATE v. McDERMOTT

175 N.J. Super. 334 (1980)

418 A.2d 1287

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN MCDERMOTT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 15, 1980.

Attorney(s) appearing for the Case

Mark D. Sperber, Assistant Deputy Public Defender, argued the cause for appellant (Stanley C. Van Ness, Public Defender of New Jersey, attorney; John H. Ratliff, Assistant Deputy Public Defender, of counsel and on the brief).

Carol M. Henderson, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney).

Before Judges KING, FRANCIS and GREENBERG.

The opinion of the court was delivered by KING, P.J.A.D.

Defendant appeals from a denial of his motion for resentencing by the three-judge panel. See 104 N.J.L.J. 489 (December 6, 1979). The facts are as follows:

Monmouth County Accusation A-787-72 charged defendant John McDermott with 71 counts of breaking and entering with intent to steal, contrary to the provisions of N.J.S.A. 2A:94-1; 59 counts of petty larceny, in violation of

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