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STATE v. KREIDLER

211 N.J. Super. 276 (1986)

511 A.2d 733

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THOMAS KREIDLER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1986.

Attorney(s) appearing for the Case

Marijean Raffetto Stevens, Deputy Attorney General, argued the cause for appellant (W. Cary Edwards, Attorney General of New Jersey, attorney; Marijean Raffetto Stevens, of counsel and on the letter brief).

Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for respondent (Thomas S. Smith, Jr., Acting Public Defender, attorney; Edward P. Hannigan, of counsel and on the letter brief).

Before Judges FRITZ, BRODY and BAIME.

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

Pursuant to N.J.S.A. 2C:44-1(f)(2), the State appeals a probationary sentence imposed after defendant was convicted by his negotiated plea of a second-degree crime. The judge attached a 90-day county jail term to be served as a condition of a five-year term of probation. We agree with the State's contention that the jail term does not satisfy the statutory presumption of imprisonment for a second-degree...

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