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STATE v. MARCZAK

782 A.2d 440 (2001)

344 N.J. Super. 388

STATE of New Jersey, Plaintiff-Respondent, v. Margaret MARCZAK, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 2001.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, for appellant (Lon Taylor, Assistant Deputy Public Defender, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, for respondent (Debra A. Owens, Deputy Attorney General, of counsel and on the brief).

Before Judges KESTIN, STEINBERG and ALLEY.

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

Defendant was charged with and convicted of a single count of second degree theft. The trial court denied her motion to be sentenced, pursuant to N.J.S.A. 2C:44-1f(2), as for a third degree crime, and imposed a six-year term of imprisonment.1 The trial court found defendant lacked the ability to make restitution and, citing N.J.S.A. 2C:46-1, it ordered the docketing...

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