STATE v. MONCRIEFFE


158 N.J. Super. 528 (1978)

386 A.2d 886

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. EDGAR MONCRIEFFE AND DEBORAH STOUT, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 1978.


Attorney(s) appearing for the Case

Mr. Paul M. DePascale, Assistant Prosecutor, argued the cause for plaintiff-appellant and cross-respondent (Mr. James T. O'Holloran, Prosecutor of Hudson County, attorney).

Mr. Richard A. Sonntag, Assistant Deputy Public Defender, argued the cause for defendants-respondents and cross-appellants (Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney; Mr. Ronald Shaljian, designated counsel, on the brief).

Before Judges HALPERN, LARNER and KING.


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

The issue in this case is the relationship between R. 3:26-5 entitled "Justification of Sureties" and the 10% cash bail program permitted by R. 3:26-4(a).

Effective September 10, 1973 the Supreme Court amended R. 3:26-4(a) to provide:

In any county, with the approval of the Assignment Judge, a program may be instituted for the...

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