The opinion of the court was delivered by LEWIS, J.A.D.
In this appeal defendant, by his assigned counsel, contends that he was improperly resentenced as a third time narcotics offender under N.J.S.A. 24:18-47(b) (3) and argues that the only course now available to the courts is to resentence him as a first offender. The essential facts follow.
On September 12, 1958 defendant pleaded non vult to a charge of unlawful possession of narcotics and...
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