STATE v. HARTYE


105 N.J. 411 (1987)

522 A.2d 418

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER A. HARTYE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 24, 1987.


Attorney(s) appearing for the Case

James K. Smith Jr., Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; James K. Smith, Jr. and Peter B. Meadow, Assistant Deputy Public Defender, on the briefs).

Greta-Ann Gooden, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney).


The opinion of the Court was delivered by STEIN, J.

In this case, as in State v. O'Connor, 105 N.J. 399 (1987), we consider the relationship between the presumptions of incarceration contained in N.J.S.A. 2C:44-1d and 1e and a term of imprisonment imposed as a condition of probation pursuant to N.J.S.A. 2C:43-2 b(2). The specific question presented in this appeal is whether...

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