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STATE v. GARCIA

186 N.J. Super. 386 (1982)

452 A.2d 715

STATE OF NEW JERSEY, PLAINTIFF, v. JOHN GARCIA, DEFENDANT.

Superior Court of New Jersey, Law Division Hudson County.

Decided October 4, 1982.

Attorney(s) appearing for the Case

Genise Teich, Assistant Prosecutor for plaintiff (Harold J. Ruvoldt, Jr., Hudson County Prosecutor, attorney).

Thomas Kilcoyne, Assistant Deputy Public Defender for defendant (Joseph H. Rodriguez, Public Defender, attorney).

STERN, J.S.C.

Defendant has pled guilty to third degree burglary, N.J.S.A. 2C:18-2, and is awaiting sentencing. He has been convicted of one or more nonindictable offenses1 but has never been convicted of a crime. The question for consideration is whether the "presumption" against imprisonment applies when defendant's prior convictions are only for nonindictable offenses which may have followed disposition without the assistance...

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