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STATE v. GILBERTI

860 A.2d 469 (2004)

373 N.J. Super. 1

STATE of New Jersey, Plaintiff-Respondent, v. Jonathan Daniel GILBERTI, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 2004.

Attorney(s) appearing for the Case

Brian J. Neary, Hackensack, argued the cause for appellant.

Samuel Marzarella, Assistant Ocean County Prosecutor, argued the cause for respondent (Thomas F. Kelaher, Prosecutor, attorney; Mr. Marzarella, of counsel and on the brief).

Before Judges SKILLMAN, COLLESTER and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The question presented by this appeal is whether defendant's alleged offensive comment to one of the victims of his crimes shortly after the trial judge pronounced sentence provided an adequate basis for the judge to vacate the sentence. We conclude that defendant's alleged comment did not warrant the judge vacating the orally pronounced sentence.

Defendant was indicted on three counts of...

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