STATE v. LAVELLE


54 N.J. 315 (1969)

255 A.2d 223

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BRIAN LAVELLE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 30, 1969.


Attorney(s) appearing for the Case

Mr. Kenneth S. Javerbaum, Assistant Deputy Public defender, argued the cause for appellant (Mr. Carl R. Soller, on the brief; Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Arthur J. Timins, Assistant Prosecutor, argued the cause for respondent (Mr. Leo Kaplowitz, Union County Prosecutor, attorney).


The opinion of the court was delivered by FRANCIS, J.

On this appeal defendant Lavelle attacks as excessive a sentence imposed upon him of three to five years in State Prison and a fine of $1,000. With respect to the fine the trial court's direction was that he stand committed until it was paid. He challenges also the ruling of the State Parole Board denying him street parole until he either paid the $1,000 fine or worked it off in continued confinement at the rate...

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