STATE v. MERLINO


208 N.J. Super. 247 (1984)

505 A.2d 210

STATE OF NEW JERSEY v. SALVATORE MERLINO, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal), Atlantic County.

Decided March 16, 1984.


Attorney(s) appearing for the Case

Jeffrey S. Blitz, Chief Asst. Atlantic Cty. Pros., for State. (Joseph A. Fusco, Atlantic Cty. Pros.).

Carl D. Poplar for defendant.


PERSKIE, J.S.C.

This matter poses the question, apparently not heretofore considered, of whether the State may introduce evidence tending to establish that "there is a substantial likelihood that defendant is involved in organized criminal activity," N.J.S.A. 2C:44-1(a)(5), in order that the court may find and consider that fact as an "aggravating circumstance" for purposes of sentence, notwithstanding that the crimes of which defendant has been convicted have...

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