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STATE v. WASHINGTON

113 N.J. Super. 184 (1971)

273 A.2d 378

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH WINSTON WASHINGTON, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1971.

Attorney(s) appearing for the Case

Mr. Samuel Epstein argued the cause for appellant.

Mr. Arthur V. Guerrera, Assistant Prosecutor, argued the cause for respondent (Mr. Robert M. McAllister, Jr., Atlantic County Prosecutor, attorney; Mr. Ernest M. Curtis, Assistant Prosecutor, of counsel and on the brief).

Before Judges CONFORD, KOLOVSKY and CARTON.

PER CURIAM.

The appeal challenges the exercise of discretion by the trial court in imposing a 5-10-year sentence on defendant on conviction of possession of heroin consecutive to terms then being served, 2 to 4 years for possession of heroin, and 1 to 2 years for resisting arrest. We affirm.

Even considering the defendant technically not to be a second offender for purposes of the added punishment permitted by the statute in the case of a second offender,...

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