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STATE v. KYC

261 N.J. Super. 104 (1992)

617 A.2d 1245

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TIMOTHY KYC, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 1992.

Attorney(s) appearing for the Case

James L. McConnell, Assistant Prosecutor, argued the cause for appellant (Nicholas L. Bissell, Jr., Somerset County Prosecutor, attorney; James L. McConnell, of counsel and on the letter brief).

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for respondent (Zulima V. Farber, Public Defender, attorney; Mark H. Friedman, of counsel and on the letter brief).

Michael J. Williams, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney; Michael J. Williams, of counsel and on the letter brief).

Before Judges SHEBELL, ARNOLD M. STEIN and CONLEY.

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

The State appeals from the Law Division's dismissal of a Somerset County indictment which charged defendant with one count of third-degree escape (N.J.S.A. 2C:29-5a).1 In his decision, the Law Division judge noted that the Home Confinement Program (HCP), which defendant was participating in, did not exist at the time the escape statute, N.J.S.A. 2C:29-5, was adopted...

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