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STATE v. MERLINO

208 N.J. Super. 147 (1985)

505 A.2d 157

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SALVATORE MERLINO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1985.

Attorney(s) appearing for the Case

Carl D. Poplar argued the cause for appellant.

Jeffrey S. Blitz, Chief Assistant Atlantic County Prosecutor, argued the cause for respondent (Joseph A. Fusco, Atlantic County Prosecutor, attorney; Jeffrey S. Blitz, of counsel; David Arrajj and Steven M. Janosko, Assistant Prosecutors, on the brief).

Before Judges BRODY and BAIME.

The opinion of the court was delivered by BRODY, J.A.D.

Following a bench trial the trial judge found defendant guilty of second-degree bribery (N.J.S.A. 2C:27-2(c)) and third-degree attempt to make an unlawful gift to a public servant to influence the performance of his official duties (N.J.S.A. 2C:5-1(a)(2); N.J.S.A. 2C:27-6(b)). The sentencing judge, who was not the trial judge, imposed concurrent four-year prison terms after reducing the bribery...

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