GERALD v. COM'R, NEW JERSEY DEPT. OF CORRECTIONS


201 N.J. Super. 438 (1985)

493 A.2d 556

RAYMOND GERALD, PETITIONER-APPELLANT, v. COMMISSIONER, NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1985.


Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender, for appellant (John M. Cannel, Assistant Public Defender, of counsel and on the brief; Leigh B. Bienen, Assistant Deputy Public Defender, on the brief).

Raymond Gerald filed a letter brief and supplemental letter brief pro se.

Irwin I. Kimmelman, Attorney General of New Jersey, for respondent (Jeffrey A. Bartolino, Deputy Attorney General, on the letter brief).

Before Judges PRESSLER, BRODY and COHEN.


PER CURIAM.

This appeal requires us to reconsider the question of the parole eligibility of a defendant who was sentenced to an indeterminate term under the former New Jersey Sex Offender Act, N.J.S.A. 2A:164-3, et seq. (repealed in 1978 by N.J.S.A. 2C:98-2), and who was thereafter transferred from the Adult Diagnostic and Treatment Center (ADTC) to the general prison population. We disagree with the conclusion reached by State v. Smith,

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