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Ex-Pen Tocchet avoiding jail time

TRENTON, N.J. — Rick Tocchet will likely walk away without jail time when he's sentenced for running an illegal sports gambling ring, despite international headlines linking the case to professional hockey's biggest star.

Tocchet could get up to five years in state prison Friday for promoting gambling and conspiracy, charges to which he pleaded guilty in May.

However, there is a presumption against incarceration for first-time offenders who plead guilty to third- or fourth-degree crimes, which means the retired Philadelphia Flyer is unlikely to serve any time for his crimes, said Rachel Goemaat, a spokeswoman for the New Jersey Attorney General's Office, which prosecuted the case.

Under terms of Tocchet's plea deal, the state made no sentencing recommendation, leaving it to the discretion of the court. Tocchet was due to appear at 9 a.m. Friday before Burlington County Superior Court Judge Thomas S. Smith Jr. in Mount Holly.

An assistant coach with the Phoenix Coyotes under Wayne Gretzky, Tocchet partnered with a New Jersey state trooper and another man in a sports betting venture they ran for five years. He was placed on indefinite leave from his job after he was charged.

James Harney, the trooper who has since been forced to give up his badge, was sentenced earlier this month to five years in prison.

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