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N.J. STATE PAROLE BD. v. CESTARI

224 N.J. Super. 534 (1988)

540 A.2d 1334

NEW JERSEY STATE PAROLE BOARD, PLAINTIFF-RESPONDENT, v. CARL CESTARI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 1988.

Attorney(s) appearing for the Case

Eric J. Marcy argued the cause for appellant (Wilentz, Goldman & Spitzer, attorneys; Eric J. Marcy, of counsel; Jeffrey L. Menkin and Eric J. Marcy on the brief).

Stuart J. Lieberman, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Stuart J. Lieberman, on the brief).

Before Judges PRESSLER, MUIR, Jr. and SKILLMAN.

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

In 1982, appellant Carl Cestari, a 23 year old member of the Roselle police department, resigned to join the Army. At a farewell party given for him by his fellow officers, a bizarre incident occurred in which Cestari shot another police officer. As a result, Cestari was convicted of reckless manslaughter, in violation of N.J.S.A. 2C:11-4(b)(1), and sentenced to a custodial term of nine years, with...

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