State v. Tumminello

The opinion of the Court was delivered by

Clifford, J.

Defendant was convicted of conspiracy to make and take book contrary to N. J. S. A. 2A:98-1. He was sentenced to New Jersey State Prison for a term of one to two years and fined $1,000. His appeal, in which the sentence was not challenged, resulted in the conviction being affirmed by the Appellate Division in an unreported opinion, and we denied certification, 66 N. J. 328 (1974).

Thereafter defendant brought a motion for a reduction of sentence pursuant to B. 3 :21-10. After a hearing the motion was denied, and this determination was…