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STATE v. BARASCH

858 A.2d 1134 (2004)

372 N.J.Super. 355

STATE of New Jersey, Plaintiff-Respondent, v. Larry BARASCH, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 2004.

Attorney(s) appearing for the Case

John C. Whipple, Morristown, argued the cause for appellant (John C. Whipple attorneys; Mr. Whipple and Mary Gibbons Whipple, on the brief).

Edward Quigley, Assistant Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney; Mr. Quigley, of counsel and on the brief).

Before Judges KESTIN, LEFELT and ALLEY.

The opinion of the court was delivered by

LEFELT, J.A.D.

A jury acquitted defendant Larry Barasch of theft, but convicted him of second-degree failure to remit collected State sales taxes in an amount of $75,000 or more, N.J.S.A. 54:52-15. Judge Cleary sentenced defendant to five years imprisonment with restitution of $187,742.46. Defendant appeals, advancing the following five arguments: (1) that Judge Cleary erred when, without any invitation, she...

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