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STATE v. BENEDETTO

221 N.J. Super. 573 (1987)

535 A.2d 525

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN BENEDETTO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1987.

Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, attorney for appellant (John M. Cannel, Assistant Deputy Public Defender, of counsel and on the letter brief).

W. Cary Edwards, Attorney General, attorney for respondent (Jane F. Tong, Deputy Attorney General, of counsel and on the letter brief).

Before Judges PETRELLA and BAIME.

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

Defendant entered a retraxit plea of guilty to an indictment returned by the Ocean County grand jury charging him with third degree burglary (N.J.S.A. 2C:18-2). The indictment and the resulting conviction emanated from an incident which occurred on May 28, 1984, wherein defendant burglarized a restaurant and stole items totaling $1,168.39 in value. Pursuant to the plea agreement, the trial judge...

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