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STATE v. FERGUSON

273 N.J. Super. 486 (1994)

642 A.2d 1008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES FERGUSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 1994.

Attorney(s) appearing for the Case

Wilentz, Goldman & Spitzer, attorneys for defendant (Barry T. Albin, of counsel; Mr. Albin, Eric J. Marcy, and Steve Manley, on the brief and reply brief).

Robert W. Gluck, Middlesex County Prosecutor, attorney for plaintiff (Simon Louis Rosenbach, Assistant Prosecutor, of counsel and on the letter-brief).

Before Judges PRESSLER, DREIER and KLEINER.

The opinion of the court was delivered by KLEINER, J.S.C. (temporarily assigned)

In this appeal we are required to determine the circumstances in which a court may impose a sentence upon a youthful offender, N.J.S.A. 2C:43-5, in excess of the mandated presumptive sentence set forth in N.J.S.A. 30:4-148.

Defendant James Ferguson, who was arrested at age fourteen, entered a plea of guilty at age...

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