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State v. Proietti

New Jersey Supreme Court


June 27, 1988

STATE OF NEW JERSEY
v.
GERALD PROIETTI

[111 NJ Page 634]

This matter having come before the Court on a petition for certification from the judgment of the Appellate Division, and it appearing that both parties agree that the Appellate Division erred in directing the resentence of defendant to a higher degree of burglary than that to which he pled;

It is ORDERED that certification is granted and the judgment of the Appellate Division is summarily reversed insofar as it directs the resentence of defendant to a higher degree of burglary than that to which he pled. The judgment of the

[111 NJ Page 635]

Appellate Division is otherwise summarily affirmed. On the remand to correct the Graves Act sentence on the theft offense, should the State seek to have defendant resentenced as a repeat Graves Act offender, it shall be bound by the terms of the plea agreement in respect of defendant's maximum exposure under Count I of Indictment S-718-86.

19880627


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