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STATE v. KELLY

266 N.J. Super. 392 (1993)

629 A.2d 1355

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BRETT KELLY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 29, 1993.

Attorney(s) appearing for the Case

Lewis Stein argued the cause for appellant (Nusbaum, Stein, Goldstein & Bronstein, attorneys; Mr. Stein, on the brief).

Joseph Connor, Jr., Assistant Prosecutor, argued the cause for respondent (W. Michael Murphy, Jr., Morris County Prosecutor, attorney; Mr. Connor, on the letter brief).

Before Judges BRODY and DREIER.

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

Pursuant to a plea agreement, the judge imposed a ten-year prison term for first-degree armed robbery, a violation of N.J.S.A. 2C:15-1. The agreement required the judge to impose a prison term appropriate to a second-degree crime. The main issue is whether the sentence may stand in view of the judge's inconsistent findings after weighing the aggravating...

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