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STATE v. RODRIGUEZ

179 N.J. Super. 129 (1981)

430 A.2d 957

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. VICTOR RODRIGUEZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1981.

Attorney(s) appearing for the Case

Tomar, Kamensky & Smith for appellant.

James R. Zazzali, Attorney General of New Jersey, for respondent (John J. Degnan, former Attorney General of New Jersey, and James T. O'Halloran, Deputy Attorney General, of counsel and on the brief).

Before Judges MATTHEWS, MORTON I. GREENBERG and COLEMAN.

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

This appeal raises two issues: (1) whether N.J.S.A. 2C:44-1(e), which establishes a presumption of nonimprisonment for first-time offenders convicted of an offense other than a crime of the first or second degree, applies to a first-time offender who pleads guilty to a crime of the second degree but is sentenced pursuant to N.J.S.A. 2C:44-1...

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