STATE v. NAJI


205 N.J. Super. 208 (1985)

500 A.2d 723

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TAALIB DIN NAJI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 7, 1985.


Attorney(s) appearing for the Case

Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for appellant (Thomas S. Smith, Acting Public Defender, attorney).

Larry R. Etzweiler, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General, attorney).

Before Judges KING, O'BRIEN and SIMPSON.


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

In this case defendant raises a double jeopardy issue after his resentencing pursuant to the doctrine announced in State v. Kovack, 91 N.J. 476, (1982). Defendant contends that (1) the sentencing judge had no jurisdiction to increase the sentence previously imposed upon him and (2) the increased sentence violated the Double Jeopardy clauses of the State and Federal constitutions...

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