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STATE v. JOHNSON

182 N.J. Super. 1 (1981)

439 A.2d 614

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES F. JOHNSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Resentencing Panel.

Decided June 12, 1981.

Attorney(s) appearing for the Case

Susan Green, Assistant Public Defender, for defendant-appellant (Stanley C. Van Ness, Public Defender, attorney).

Marc J. Friedman, Deputy Attorney General, for plaintiff-respondent (James R. Zazzali, Attorney General, attorney).

Before Judges COLEMAN, MARZULLI and YANOFF.

The opinion of the court was delivered by YANOFF, J.S.C. (retired and temporarily assigned on recall).

The only issue before us is a factual determination as to "good cause" under N.J.S.A. 2C:1-1 d(2). We understand our dissenting colleague and the Appellate Division take the view that we resentenced for disparity alone. Our review of the record indicates the contrary; we relied on a complex of facts, especially Johnson's record at the Adult Diagnostic Treatment...

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