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State v. Hodge

New Jersey Supreme Court


May 12, 1986

STATE OF NEW JERSEY
v.
JAMES HODGE

Justices Clifford, Handler, Pollock, O'Hern, Garibaldi and Stein join in this Order. Chief Justice Wilentz did not participate.

[104 NJ Page 386] This matter having been duly presented to the Court, and the Court having determined that the statutory appeal of right

[104 NJ Page 387]

granted to the prosecutor under N.J.S.A. 2C:44-1(f)(2) to review certain sentencing decisions does not create a right to appeal pursuant to Rule 2:2-1(a)(4) to the Supreme Court from an Appellate Division revision of a trial court sentence;

It is therefore ORDERED that the motion of the defendant-respondent to dismiss plaintiff's appeal is granted.

Justices CLIFFORD, HANDLER, POLLOCK, O'HERN, GARIBALDI and STEIN join in this Order.

Chief Justice WILENTZ did not participate.

19860512


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