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STATE v. FEARICK

69 N.J. 32 (1976)

350 A.2d 227

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT FEARICK, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 8, 1976.

Attorney(s) appearing for the Case

Mr. William T. McElroy argued the cause for appellant (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

The opinion of the Court was delivered by HALPERN, P.J.A.D.,

Temporarily Assigned. The narrow issues presented on this appeal are (1) whether the mandatory jail term of the proviso contained in N.J.S.A. 39:3-401 applies to a defendant whose driver's license has been suspended but who admittedly did not cause an automobile accident which resulted in injuries, and (2) if it does, whether such mandatory jail term is cruel or unusual...

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