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TORRES v. WAGNER

121 N.J. Super. 457 (1972)

297 A.2d 858

VICTOR TORRES, PLAINTIFF-APPELLANT, v. ALBERT WAGNER, DIRECTOR DIVISION OF CORRECTION AND PAROLE, DEPT. OF INSTITUTIONS AND AGENCIES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 5, 1972.

Attorney(s) appearing for the Case

Mr. Gerald D. Miller argued the cause for appellant (Messrs. Miller, Hochman, Meyerson & Miller, attorneys).

Mrs. Virginia Long Annich, Deputy Assistant Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. G. Robert Wills, Deputy Attorney General, on the brief).

Before Judges COLLESTER, LEONARD and HALPERN.

The opinion of the court was delivered by COLLESTER, P.J.A.D.

This is an appeal by Victor Torres, an inmate of the New Jersey State Prison, from a decision of the Division of Correction and Parole which denied his request that time spent by him in the county jail awaiting trial be considered in computing commutation time to be credited against the unserved portion of his sentence. The Division based its decision on N.J.S.A. 30:4-140 and Lipschitz v. State...

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