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STATE v. SMEEN

147 N.J. Super. 229 (1977)

371 A.2d 93

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS SMEEN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1977.

Attorney(s) appearing for the Case

Mr. Michael R. Klekman, Assistant Deputy Public Defender, argued the cause for the appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Mart Vaarsi, Deputy Attorney General, argued the cause for the respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges FRITZ, ARD and PRESSLER.

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

This appeal raises the novel question of whether a defendant is entitled, pursuant to R. 3:21-8, to credit on a custodial sentence for time spent by him between his arrest and the imposition of sentence in an in-patient drug abuse treatment program where his participation therein was a condition of his release on bail pending trial.

Defendant Thomas Smeen was arrested by the Prospect Park police...

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