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STATE v. BRAEUNIG

140 N.J. Super. 245 (1976)

356 A.2d 33

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RAYMOND BRAEUNIG, PETITIONER-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1976.

Attorney(s) appearing for the Case

Mr. James K. Smith, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney; William D. Knowlton, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Mart Vaarsi, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Vaarsi, of counsel and on the brief).

Before Judges HALPERN, CRANE and MICHELS.

PER CURIAM.

Defendant was convicted for bookmaking and aiding and abetting bookmaking. He was sentenced to State Prison for a term of two to three years, fined and placed on probation for a period of 12 months following the completion of the custodial sentence.

The State concedes that the sentence imposed was illegal in that the trial judge did not have the power to impose the 12 month probationary term following the State Prison sentence. State v. Pietrowski...

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