State v. Whitaker

The opinion of the court was delivered by

Hughes, C. J.

On the petition of the State, we granted certification of a decision by the Appellate Division which had modified sentences imposed upon a defendant convicted after jury trial of numerous serious offenses. This appellate action was predicated on a conclusion that such sentences were “unduly harsh and punitive and justice will best be accomplished by some modification.” On this basis the appellate court imposed, as is procedurally accommodated by B. 2:10-3, the sentence which it thought “should have been imposed.” We think the Appellate…