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STATE v. SCROTSKY

38 N.J. 14 (1962)

182 A.2d 868

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANDREW SCROTSKY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 29, 1962.

Attorney(s) appearing for the Case

Mr. Dino D. Bliablias, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney).

Mr. Robert G. O'Brien argued the cause for defendant-appellant.

The opinion of the court was delivered by FRANCIS, J.

Defendant was convicted of unlawful entry in violation of N.J.S.A. 2A:94-1, and of larceny under N.J.S.A. 2A:119-2. A State Prison sentence of 2-7 years was imposed for the former offense, and one of 2-3 years for the latter. The sentences were made concurrent. The Appellate Division affirmed the convictions and we granted certification.

Two grounds for reversal are raised. One...

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