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STATE v. MALAVE

249 N.J. Super. 559 (1991)

592 A.2d 1231

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSE MALAVE, DEFENDANT-APPELLANT AND STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TYRONE SMITH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1991.

Attorney(s) appearing for the Case

Wilfredo Caraballo, Public Defender, attorney for appellants (Virginia C. Saunders, Assistant Public Defender, of counsel and on the letter brief).

Jeffrey S. Blitz, Prosecutor Atlantic County, attorney for respondent (Jack J. Lipari, Assistant County Prosecutor, of counsel and on the letter brief).

Before Judges DREIER, ASHBEY and LANDAU.

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

Defendants in these consolidated cases appeal from the imposition of suspended sentences imposed at the same time that State Prison terms were imposed for other convictions. Each contends that the suspended sentence violated a plea bargain that would have guaranteed jail credits in the event of a subsequent violation of probation and imposition of jail time on

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