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STATE v. HARTYE

208 N.J. Super. 319 (1986)

506 A.2d 1

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER HARTYE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 11, 1986.

Attorney(s) appearing for the Case

Thomas S. Smith, Acting Public Defender of New Jersey, attorney for appellant (Peter B. Meadow, Assistant Deputy Public Defender, of counsel and on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent (Greta-Ann Gooden, Deputy Attorney General, of counsel and on the brief).

Before Judges KING, O'BRIEN and SIMPSON.

The opinion of the court was delivered by O'BRIEN, J.A.D.

In this case we address a perceived inconsistency in the New Jersey Code of Criminal Justice (the Code) between the required presumptive sentence and the presumption of nonimprisonment as they apply to gambling sentences, and we disagree with the need for the sentencing judge to find that "imprisonment is necessary for the protection of the public" in order to impose a term of imprisonment as a condition of...

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