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STATE v. BARBATO

89 N.J. Super. 400 (1965)

215 A.2d 75

THE STATE OF NEW JERSEY, PLAINTIFF, v. SCIPIO BARBATO, DEFENDANT.

Superior Court of New Jersey, Union County Court, Law Division — Criminal.

Decided November 22, 1965.

Attorney(s) appearing for the Case

Mr. S. David Levy, Assistant Union County Prosecutor, for plaintiff.

Mr. John T. Glennon for defendant (Messrs. Weiner, Weiner & Glennon, attorneys).

WOOD, WM. FILLMORE, J.C.C.

Defendant seeks post-conviction relief pursuant to R.R. 3:10A-1 et seq. from a conviction and sentence in this court on January 15, 1954 for the crimes of breaking, entering and larceny. His petition sets forth four grounds for relief, namely: (1) the disproportion between his sentence and that of his two co-defendants, (2) a mistaken reference by the sentencing judge to a non-existing "bad record"; (3) the failure of the court...

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