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STATE v. CUNNINGHAM

143 N.J. Super. 415 (1976)

363 A.2d 371

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS CUNNINGHAM, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 1976.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for the appellant (Mr. James I. Peck IV, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Joseph P. Lordi, Prosecutor of Essex County, attorney for the respondent (Mr. Marc J. Friedman, Assistant Prosecutor, of counsel and on the brief).

Before Judges ALLCORN, KOLE and ARD.

PER CURIAM.

Defendant was sentenced to New Jersey State Prison for a period of not less than two nor more than three years upon conviction for possession of a controlled dangerous substance contrary to N.J.S.A. 24:21-20. After serving approximately four months in the New Jersey State Prison, defendant moved for a reduction or change of sentence pursuant to R. 3:21-10. The motion was granted and the trial judge suspended execution of the balance of the...

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