Conford, Handler and Meanor. The opinion of the court was delivered by Meanor, J.A.D.
Defendant was indicted in six counts as follows:
Count I: attempted breaking and entering with intent to steal while armed, contrary to N.J.S.A. 2A:94-1, 2A:85-5 and 2A:151-5;
Count II: possession of a pistol without a permit, contrary to N.J.S.A. 2A:151-41.
Count III: resisting arrest, contrary to N.J.S.A. 2A:85-1;
Count IV: assault with intent to kill while armed, contrary to N.J.S.A. 2A:90-2 and 2A:151-5;
Count V: possession of burglary tools, contrary to N.J.S.A. 2A:94-3, and
Count VI: assault with an offensive weapon, namely, a pistol, contrary to N.J.S.A. 2A:90-3.
Defendant pleaded guilty to counts one through four. There was no recommendation save that counts V and VI would be dismissed at the time of sentence. The sentences were as follows:
Count IV: for assault with intent to kill, ten-year indeterminate term at the Youth Correctional Institution Complex and a consecutive five-year indeterminate term because of the commission of the offense while armed, N.J.S.A. 2A:151-5.
Count I: for attempted breaking and entering with intent to steal, a three-year indeterminate term at the same institution and, because of the commission of the offense while armed, another three-year indeterminate term, these sentences to be ...