STATE v. DELLA ROSA


277 N.J. Super. 271 (1994)

649 A.2d 858

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL DELLA ROSA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1994.


Attorney(s) appearing for the Case

De Luca & Taite, attorneys for appellant (Samuel R. De Luca and George T. Taite, on the brief).

Carmen Messano, Hudson County Prosecutor, attorney for respondent (Thomas M. Moran, Assistant Prosecutor, on the letter brief).

Before Judges PETRELLA and CUFF.


PER CURIAM.

Defendant Michael Della Rosa appeals from the Law Division's finding that he had violated probation pursuant to N.J.S.A. 2C:45-3 and from his resentencing under N.J.S.A. 2C:43-6(a) to four years in prison. A stay was granted pending appeal.

On appeal, Della Rosa relies on an "agreement" he signed with the Hudson County Probation Department that essentially required him to comply with the probation conditions in return for the possibility...

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