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State v. Starling

New Jersey Superior Court, Appellate Division


Decided: December 17, 1985.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SAMUEL STARLING, DEFENDANT-APPELLANT

On appeal from the Superior Court of New Jersey, Law Division, Union county, whose opinion is cited at 188 N.J. Super. 127 (Law Div. 1983).

King and Scalera.

Per Curiam

[207 NJSuper Page 80]

Defendant was convicted of second-degree burglary, N.J.S.A. 2C:18-2, third-degree theft, N.J.S.C.A. 2C:20-3, and unlawful possession of a firearm without a permit, N.J.S.A. 2C:39-5(b). He was sentenced to a ten-year state prison term with a three and one-half-year parole disqualifier.

On this appeal he raises three issues: (1) his confession was the fruit of an illegal arrest and inadmissible, (2) his confession was involuntary and should have been suppressed, and (3) his sentence was manifestly excessive. We find issues (1) and (3) to be clearly without merit and affirm. R. 2:11-3(e)(2). On issue (2) we affirm for the reasons stated in Judge Menza's published Law Division opinion appearing at 188 N.J. Super. 127 (Law Div.1983).

19851217


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