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BUNCIE v. DEPT. OF CORRECTIONS

888 A.2d 483 (2005)

382 N.J. Super. 214

Robert BUNCIE, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, Defendant-Respondent. Floyd Ellerbee, Plaintiff-Appellant, v. Department of Corrections, Defendant-Respondent. Pedro Laboy, Plaintiff-Appellant, v. Department of Corrections, Defendant-Respondent. Joseph Logmans, Plaintiff-Appellant, v. Department of Corrections, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 2005.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellants, (J. Michael Blake, Assistant Deputy Public Defender, of counsel and on the briefs).

Peter C. Harvey, Attorney General of New Jersey, attorney for respondent, (Patrick DeAlmeida Assistant Attorney General, of counsel, and Lisa A. Puglisi, Deputy Attorney General, on the briefs).

Before Judges CUFF, LINTNER and PARRILLO.

The opinion of the court was delivered by

PARRILLO, J.A.D.

In these back-to-back appeals, consolidated for opinion purposes, appellants challenge, as violative of equal protection and due process, N.J.S.A. 30:4-140, which denies state prisoners commutation credit toward parole eligibility for the period of their presentence jail incarceration, while those released on bail or personal recognizance prior to sentence receive full allowance of commutation...

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