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CAIN v. NEW JERSEY STATE PAROLE BOARD

155 N.J. Super. 245 (1978)

382 A.2d 683

DONALD CAIN, ANTHONY FABRO, DONALD LESPERANCE, ROBERT ROY RICHARDSON, APPELLANTS, v. NEW JERSEY STATE PAROLE BOARD, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 1978.

Attorney(s) appearing for the Case

Ms. M. Diana Johnston, Assistant Deputy Public Defender, argued the cause for appellants (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. David R. Arrajj, Assistant Deputy Public Defender, of counsel; Ms. Johnston on the brief).

Mr. Eugene M. Schwartz, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Ms. Erminie L. Conley, Deputy Attorney General, of counsel, Mr. Schwartz on the brief).

Before Judges LORA, SEIDMAN and MILMED.

PER CURIAM.

These consolidated appeals present another challenge on equal protection grounds to the state parole system as it affects inmates of county correctional institutions. Here, the single issue before us is whether an inmate of a county penitentiary or workhouse who has been sentenced1 to two or more consecutive terms, each less than one year but in the aggregate greater than one year, has the right to be considered for parole...

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