State v. Kates

185 N.J. Super. 226 (1982)

447 A.2d 1367

STATE OF NEW JERSEY, PLAINTIFF,

v.

VICTOR E. KATES, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal), Essex County.

Decided May 10, 1982.

Michelle Adubato for defendant.

John Haggerty, Assistant Essex County Prosecutor, for the State (George Schneider, Prosecutor, attorney).

BAIME, J.S.C. (temporarily assigned).

The question presented in this case is of first impression. N.J.S.A. 2C:44-1 e provides that a person being sentenced for a crime other than one of the first or second degree is entitled to a presumptive noncustodial term if he "has not…