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STATE v. VACCARO

150 N.J. Super. 410 (1977)

375 A.2d 1221

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HENRY VACCARO, M.D., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1977.

Attorney(s) appearing for the Case

Mr. Raymond P. Shebell argued the cause for appellant (Mr. Thomas F. Shebell, attorney).

Mr. Albert G. Fredericks, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges BISCHOFF, MORGAN and KING.

PER CURIAM.

At issue here is the existence of trial court power to increase a sentence on one count of an indictment, after vacation thereof, when conviction on another count, for which a separate sentence was imposed, is reversed on appeal.

The procedural context from which this issue emerges starts with defendant's conviction of counts 3, 4, 5, 7, 10, 12, 16 and 17 of Monmouth County Indictment 799-72. As...

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