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STATE v. HESS

A-113 September Term 2009

23 A.3d 373 (2011)

207 N.J. 123

STATE of New Jersey, Plaintiff-Respondent, v. Marie HESS, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 21, 2011.

Attorney(s) appearing for the Case

Michele A. Adubato , Designated Counsel, argued the cause for appellant ( Yvonne Smith Segars , Public Defender, attorney).

Robert D. Bernardi , Burlington County Prosecutor, argued the cause for respondent ( Mr. Bernardi , attorney; Timothy M. Ellis , Assistant Prosecutor, on letter in lieu of brief).

Carol M. Henderson , Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Paula T. Dow , Attorney General, attorney).

Richard D. Pompelio , Director, submitted a brief on behalf of amicus curiae New Jersey Crime Victims' Law Center (Mr. Pompelio, attorney; Mr. Pompelio, of counsel; Mr. Pompelio and N. Anthony Palumbo , on the brief).

Justice ALBIN delivered the opinion of the Court.

In a negotiated agreement with the State, defendant Marie Hess pled guilty to aggravated manslaughter for killing her husband James (Jimmy) Hess, a City of Burlington police officer. Under the terms of the agreement, defendant was required to acknowledge that she would receive a thirty-year prison sentence, subject to a parole disqualifier (twenty-five-and-one-half years); to concede that the aggravating factors outweighed...

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