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STATE v. JOHNSON

933 A.2d 26 (2007)

396 N.J. Super. 133

STATE of New Jersey, Plaintiff-Respondent, v. Kevin JOHNSON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 2007.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Abby P. Schwartz, Assistant Deputy Public Defender, of counsel and on the brief).

Theodore F.L. Housel, Atlantic County Prosecutor, attorney for respondent (Peter J. Gallagher, Assistant Prosecutor, of counsel and on the brief).

Before Judges SKILLMAN, WINKELSTEIN and YANNOTTI.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

As a threshold issue in this appeal, we examine the consequences of a sentencing court's failure to notify a defendant of his right to appeal within forty-five days.

On October 14, 2005, defendant pleaded guilty to a violation of probation (VOP) related to a fourth-degree hindering conviction under Indictment No. 04-01-0015, to which he initially pleaded guilty on March 1, 2004; the court...

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