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STATE v. BROWN

71 N.J. 578 (1976)

367 A.2d 417

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SELMON WALTER BROWN, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 15, 1976.

Attorney(s) appearing for the Case

Mr. Maurice J. Molyneaux argued the cause for defendant-appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Molyneaux, Designated Counsel and on the brief).

Mr. Damon R. Sedita, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. Sedita of counsel and on the brief).

The opinion of the court was delivered by SULLIVAN, J.

This appeal, on certification granted by this Court, (69 N.J. 381 (1975)), involves the alleged breach by the State of a provision in a plea agreement that in return for defendant's plea of non vult to a charge of murder, the State would make "no recommendation" as to sentence other than that such sentence run concurrently with a...

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