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STATE v. CACCAVALE

58 N.J. Super. 560 (1959)

157 A.2d 21

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS CACCAVALE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1959.

Attorney(s) appearing for the Case

Mr. Frank J. Valgenti, Jr., argued the cause for appellant (Mr. Charles M. Judge, on the brief).

Mr. Bertram Polow, First Assistant Prosecutor, argued the cause for respondent (Mr. Frank C. Scerbo, Morris County Prosecutor, attorney).

Before Judges GOLDMANN, CONFORD and FREUND.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

The Morris County grand jury returned an indictment charging defendant, in two counts, with bookmaking in violation of N.J.S. 2A:112-3. The jury found him guilty as charged and he was sentenced to a State Prison term of 1 to 1 1/2 years on each count, to run concurrently. Defendant made no motion for a new trial but did move for resentencing. Following the denial of this motion he appealed...

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