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STATE v. MIDDLETON

156 N.J. Super. 548 (1978)

384 A.2d 193

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BRODERICK MIDDLETON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 1978.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Ms. Rosemary K. Reavey, Assistant Deputy Public Defender, on the letter brief).

Mr. John Degnan, Attorney General of New Jersey, attorney for respondent (Mr. William F. Hyland, former Attorney General of New Jersey; Mr. Robert J. Genatt, Special Deputy Attorney General, on the letter brief).

Before Judges LYNCH, KOLE and PETRELLA.

PER CURIAM.

Defendant pleaded guilty to an indictment charging him with conspiracy to violate the narcotics laws, contrary to N.J.S.A. 24:21-24. In conformity with a plea agreement, the State recommended that any custodial sentence imposed not exceed eight months. At the time of sentencing, the judge said:

I am going to limit myself to the sentence in custody as indicated by the Prosecutor, eight months in custody, and two years' probation. You will...

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