STATE v. LESANE


227 N.J. Super. 276 (1987)

546 A.2d 1097

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

Superior Court of New Jersey, Law Division Bergen County.

Decided November 20, 1987.


Attorney(s) appearing for the Case

James Santulli, for the State (Bergen County Prosecutor's Office).

Carlos Peay, Jr., for defendant.


MINUSKIN, J.S.C.

The issue before the Court on appeal from the Municipal Court of the Village of Ridgewood is whether Municipal Court judges are compelled to follow N.J.S.A. 2C:44-1(e) which governs the imposition of sentence and recognizes a presumption of non-incarceration of persons who have not previously been convicted of an offense.

On April 10, 1986, defendant's vehicle was stopped by the Ridgewood Police who were investigating a theft that had...

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