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STATE v. TAVARES

286 N.J. Super. 610 (1996)

670 A.2d 61

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOSE TAVARES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 1996.

Attorney(s) appearing for the Case

Steven J. Kaflowitz, Special Deputy Attorney General, Acting Union County Assistant Prosecutor, argued the cause for appellant (Edward M. Neafsey, Assistant Attorney General, Acting Union County Prosecutor, attorney; Mr. Kaflowitz, of counsel and on the letter brief).

Abby Schwartz, Assistant Deputy Public Defender, argued the cause for respondent (Susan L. Reisner, Public Defender, attorney; Ms. Schwartz, of counsel and on the letter brief).

Before Judges STERN, WALLACE and NEWMAN.

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

On October 28, 1991, defendant pled guilty to two counts of second degree sexual assault by virtue of sexual contact with children under thirteen years of age, contrary to N.J.S.A. 2C:14-2b, in exchange for a recommendation that he receive two consecutive sentences of eight years with three years before parole eligibility on each charge. At the time of plea defendant was told "the maximum the judge can...

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