STATE v. KIRK


243 N.J. Super. 636 (1990)

581 A.2d 115

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHRISTOPHER KIRK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1990.


Attorney(s) appearing for the Case

Abby P. Schwartz, Assistant Deputy Public Defender argued the cause for appellant (Wilfredo Caraballo, Public Defender, Debra Ann Murphy, of counsel and on the letter-brief).

Annmarie Cozzi, Deputy Attorney General argued the cause for respondent (Robert J. Del Tufo, Attorney General, Annmarie Cozzi, of counsel and on the letter-brief).

Before Judges DREIER and ASHBEY.


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

Defendant has appealed from his sentence imposed after the second remand of this case to the Law Division. Defendant had initially been sentenced by the trial judge to a term of 15 years with a five-year parole disqualifier for what the judge determined to be defendant's second Graves Act conviction. His conviction, however, was overturned on an evidence issue, and defendant was thereafter retried. After defendant...

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