STATE OF NEW JERSEY v. ANGEL LOBO

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3228-04T23228-04T2

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

ANGEL LOBO,

Defendant-Appellant.

____________________________

 

Submitted June 6, 2006 - Decided June 26, 2006

Before Judges Lefelt and Seltzer.

On appeal from the Superior Court of

New Jersey, Law Division, Criminal

Part, Passaic County, 01-10-00106-S.

Fusco and Macaluso, attorneys for

appellant (A. J. Fusco, Jr., of counsel;

Paulette L. Pitt, on the brief).

Zulima V. Farber, Attorney General,

attorney for respondent (Teresa A. Blair,

Deputy Attorney General, of counsel

and on the brief).

PER CURIAM

Defendant appeals from a custodial sentence of three years imposed after he entered a plea of guilty to second-degree health care claims fraud, N.J.S.A. 2C:21-4.3c. His appeal was premised on a belief that the sentencing court improperly concluded, after a hearing, that the presumption of incarceration was not overcome. See N.J.S.A. 2C:44-1d. Defendant, thereafter, moved to supplement the record with information claimed to demonstrate a deterioration of his medical condition. On May 30, 2006, we remanded "to the trial court for reconsideration [of the sentence] based on appellant's current medical condition." We did not retain jurisdiction. That remand renders this appeal moot.

The appeal is dismissed as moot.

 

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2

A-3228-04T2

June 26, 2006