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STATE v. TOWEY

244 N.J. Super. 582 (1990)

583 A.2d 352

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALISON TOWEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1990.

Attorney(s) appearing for the Case

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for the appellant (Alfred A. Slocum, Public Defender, attorney for appellant; Stephen W. Kirsch, Assistant Deputy Public Defender, of counsel and on the brief).

Carol M. Henderson, Deputy Attorney General, argued the cause for the respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney for respondent; Carol M. Henderson, Deputy Attorney General, of counsel and on the brief).

Before Judges KING, SHEBELL and KEEFE.

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

The questions to be decided on this appeal are: 1) whether the Supreme Court's remand in State v. Towey, 114 N.J. 69, 552 A.2d 994 (1989) (Towey I) invited the sentencing judge to reassess the validity of the ten year base term originally imposed upon the defendant; 2) whether the sentencing judge's decision to impose the presumptive...

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