Lewis, Matthews and Mintz. The opinion of the court was delivered by Lewis, P.J.A.D.
Defendant Arthur Henry Fisher appeals from an order of the Camden County Court which denied his petition for postconviction relief from an allegedly illegal sentence imposed on August 30, 1968.
The record reveals these relevant facts: On May 25, 1967 defendant was sentenced by the Camden County Court on a guilty plea to an indictment charging him with breaking and entering with intent to steal and attempted larceny, respectively in violation of N.J.S.A. 2A:94-1, N.J.S.A. 2A:85-5 and N.J.S.A. 2A:119-2. At the time of sentencing, notwithstanding defendant's lengthy criminal record, the sentencing judge remarked that he was going to give defendant "a break," saying: "I am going to take a chance on you, Mr. Fisher, because I think you were drunk at the time you committed this crime, and you told me you are going to stop drinking." The imposition of sentence then followed:
Further, I am going to place this man * * * on two years' probation. The sentence has been served, and there will be two years' probation.
Defendant violated probation, and, at a hearing on that charge, probation was revoked. Defendant was then sentenced to a term of five to seven years in State Prison. Immediately following that pronouncement, this outburst occurred:
THE DEFENDANT: For what? You can't given me no more than two years no matter what way you look at it.
Don't worry, Sport, I'm going.
You must be insane. You ain't even a Judge for Christ's sake. You call yourself a Judge?
THE COURT: Now, say that remark here.
THE DEFENDANT: You can't sentence me to five or seven years. I know that much about the law.
THE COURT: Take him away.
THE DEFENDANT: You're a Judge, my ass. You don't know the law. You can't possibly give me more than two years. Are you nuts? And I ...