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STATE v. NEMETH

214 N.J. Super. 324 (1986)

519 A.2d 367

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BERNARD P. NEMETH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1986.

Attorney(s) appearing for the Case

Felix R. Orraca, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Michael Weinstein, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General, attorney).

Before Judges FURMAN, DREIER and SHEBELL.

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

Defendant pleaded guilty after a plea bargain to an accusation of second degree aggravated assault, N.J.S.A. 2C:12-1b(1) and of fourth degree death by auto, N.J.S.A. 2C:11-5. The plea bargain was for a downgrade of the second degree offense to a third degree offense for the purpose of sentencing, pursuant to N.J.S.A. 2C:44-1f(2). Defendant appeals from his sentence for aggravated assault...

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