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STATE v. WILBELY

112 N.J. Super. 216 (1970)

270 A.2d 734

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN WILBELY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1970.

Attorney(s) appearing for the Case

Mr. John Selawsky argued the cause for appellant.

Mr. Archibald Kreiger, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph D.J. Gourley, Passaic County Prosecutor, attorney).

Before Judges CONFORD, KOLOVSKY and CARTON.

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

Defendant Wilbely, Charles Harris, Jr. and David Howell were indicted for the rape of a 16-year-old girl. Defendant alone was tried to a jury, found guilty and appeals from the conviction and from his sentence of 20 to 25 years in State Prison.

Defendant's attack on the sentence as "excessive and unduly punitive" lacks substance. If defendant be guilty, then the sentence was fully warranted in view...

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