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CAIN v. NEW JERSEY STATE PAROLE BOARD

78 N.J. 253 (1978)

394 A.2d 327

DONALD CAIN AND ANTHONY FABRO, PETITIONERS-APPELLANTS, v. NEW JERSEY STATE PAROLE BOARD, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided November 6, 1978.

Attorney(s) appearing for the Case

Ms. M. Diana Johnston, Assistant Deputy Public Defender, argued the cause for appellants (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Eugene M. Schwartz, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Erminie L. Conley, of counsel).

The opinion of the court was delivered by SULLIVAN, J.

The two petitioners herein are under separate judgments of conviction in unrelated criminal cases. Their appeals from denial of parole eligibility were consolidated before the Appellate Division since they present a single legal issue. Basically involved is the interpretation of N.J.S.A. 30:4-123.35 which provides in pertinent part that

any prisoner in a county penitentiary serving a term having...

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