STATE v. SMITH


226 N.J. Super. 276 (1988)

543 A.2d 1060

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM H. SMITH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 1988.


Attorney(s) appearing for the Case

Judith B. Fallon, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender of New Jersey, attorney).

Mildred Vallerini Spiller, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney).

Before Judges KING, GAULKIN and D'ANNUNZIO.


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

Defendant claims that he received an excessive sentence for violation of probation. The original sentence was for a one-year probation term conditioned upon serving 150 hours of community service and reporting for urine monitoring. The judge imposed a five-year prison term with a two-year period of parole ineligibility for his violation of probation. We conclude that the imposition of the parole disqualifier...

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