State v. Alvarado

The opinion of the court was delivered

Pee Cueiam.

Defendant applied for resentence within the 60-day period specified in R. R. 3:7-13. His application was denied because the trial court was unable to dispose of the matter within that time limitation. The Appellate Division reversed the order. State v. Alvarado, 95 N. J. Super. 595 (1967). One judge of that court having dissented, this appeal to us was prosecuted as of right. R. R. 1:2-l(b).

We affirm for the reasons given in the majority opinion but add that when, as here, the offense is below the grade of crime, it rests in the discretion of…