STATE v. BURKE


188 N.J. Super. 649 (1983)

458 A.2d 161

STATE OF NEW JERSEY, PLAINTIFF, v. RUSSELL BURKE, DEFENDANT.

Superior Court of New Jersey, Monmouth County Law Division.

Decided February 18, 1983.


Attorney(s) appearing for the Case

Alan S. Kaplan for defendant (Lomurro, Eastman & Collins, attorneys).

Linda Kenney, Assistant Prosecutor for the State (Alexander Lehrer, Monmouth County Prosecutor, attorney; William J. Zaorski, Assistant Prosecutor, on the brief).


McGANN, J.S.C.

Is the sentencing framework of the New Jersey Code of Criminal Justice constitutional in permitting, as it does, a custodial sentence for a violation of a prior probationary sentence which had included a condition of serving custodial time in the county jail? The answer is important for the question implicates a procedure routinely followed. For the reasons set forth below, those legislative provisions are held constitutional.

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