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STATE v. NEWMAN

132 N.J. 159 (1993)

623 A.2d 1355

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES A. NEWMAN, JR., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 12, 1993.

Attorney(s) appearing for the Case

Claudia Van Wyk, Deputy Public Defender II, argued the cause for appellant (Zulima V. Farber, Public Defender, attorney).

Henry L. Warner, Assistant Prosecutor, argued the cause for respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney).

Teresa A. Blair, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).

The opinion of the Court was delivered by STEIN, J.

This appeal concerns the validity of a sentence of restitution imposed to recover "drug buy money" that defendant had received from an undercover investigator. We also address the adequacy of the inquiry conducted by the sentencing court in setting the amount of restitution and in determining defendant's ability to pay.

I

In February 1991, an Atlantic County Grand Jury returned a seventeen-count...

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