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STATE v. GARDNER

215 N.J. Super. 84 (1987)

521 A.2d 357

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DANIEL GARDNER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1987.

Attorney(s) appearing for the Case

Philip De Vencentes argued the cause on behalf of appellant (Galantucci & Patuto, attorneys; Philip De Vencentes on the letter brief).

Gerard Boruch, Deputy Attorney General, argued the cause on behalf of respondent (W. Cary Edwards, Attorney General, attorney; Raymond S. Gurak, Deputy Attorney General, of counsel).

Before Judges FURMAN, DREIER and STERN.

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

Defendant, a volunteer fireman, pled guilty to third degree arson in violation of N.J.S.A. 2C:17-1b. Defendant admitted setting a fire to an abandoned building in Franklin Township, Somerset County, with two other volunteer firemen. In entering his plea, defendant stated, "Sir, we were out drinking that night. We came to the house. We saw the house on Davidson Avenue and we went up and we lit the house...

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