State v. Ivan

The opinion of the court was delivered by

Weintraub, C. J.

Eollowing a plea of non vult to an indictment for bookmaking in violation of N. J. S. 2A :112-3, defendant was sentenced to a term of one to two years and fined $5,000. We certified his appeal on our motion before the Appellate Division considered it.

Defendants asserts the sentence is illegal. It admittedly is within the limits fixed by the Legislature in the cited statute (a fine of not less than $1,000 nor more than $5,000, or imprisonment in the State prison for not less than one year nor more than five years, or both). Defendant…