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State v. Quatro

Decided: April 20, 1956.

STATE OF NEW JERSEY, PLAINTIFF,
v.
LOUIS T. QUATRO, DEFENDANT



Waugh, J.c.c.

Waugh

[40 NJSuper Page 112] Louis T. Quatro was tried and convicted in the Essex County Court by a jury on October 17, 1952, on nine indictments. Thereafter, he pleaded non vult to an accusation as a third offender. On October 31, 1952, the defendant was sentenced as follows:

Indictment Crime Sentence

Number Charged Impposed

291 B.E.L. & R. 10-14 years State Prison

290 Malic. Burning 10-14 years consec. to No. 291

254 Poss. Burg. Tools 1-3 years concur. with No. 290

255 B.E.L. & R. 10-14 years concur. with No. 290

257 B.E.L. & R. 5-7 years concur. with No. 290

289 B.E.L. & R. 2-7 years concur. with No. 290

292 B.E.L. & R. 5-7 years concur. with No. 290

293 B.E.L. & R. 2-7 years concur. with No. 290

256 B. & E. Suspended

255A Accusation Imposed under Indictment

(3rd offender) No. 255

The defendant appealed and the Appellate Division held indictment No. 290 (malicious burning) to be defective and reversed the conviction thereunder. All other convictions were affirmed. State v. Quatro , 31 N.J. Super. 51 (App. Div. 1954). The mandate, issued June 4, 1954, recited that,

"* * * the judgment of conviction under the particular indictment identified in this appeal as No. 290 of the said Essex County Court, Law Division, is in all things reversed, set aside and for nothing holden, and the judgments of conviction on the remaining indictments are affirmed without costs; and it is further ordered that * * * the record and proceedings be remitted to the said Essex County Court, Law Division, to be there proceeded with in accordance with the rules and practice relating to that Court, consistent with the opinion of this Court."

The sentencing judge having resigned, the defendant was resentenced by this court on August 9, 1954, as follows:

Indictment Crime Sentence

Number Charged Im posed

291 B.E.L. & R. 10-14 years ...


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