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STATE v. GIORDANO

283 N.J. Super. 323 (1995)

661 A.2d 1311

STATE OF NEW JERSEY, PLAINTIFF, v. JOHN R. GIORDANO, JR., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided August 1, 1995.

Attorney(s) appearing for the Case

Donald M. Lomurro argued the cause for appellant Lomurro, Davison, Eastman & Munoz (Lomurro, Davison, Eastman & Munoz, attorneys; Mr. Lomurro and Joan E. Valenti, on the brief).

Michael Chazen argued the cause for respondent Nancy Giordano (Chazen & Masia, attorneys; Howard I. Masia, on the brief).

No brief filed on behalf of defendant.

No brief filed on behalf of plaintiff.

Before Judges SKILLMAN, WALLACE and KLEINER.

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

This appeal concerns the proper disposition of bail money following the sentence of the defendant.1 As part of the sentence imposed, the trial court ordered that the bail money posted by a third party be applied towards the restitution that defendant was ordered to pay. We hold that bail posted by a third party for a defendant must be returned to the third party or applied in accordance...

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