STATE v. RYAN


171 N.J. Super. 427 (1979)

409 A.2d 821

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDWARD JOSEPH RYAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 1979.


Attorney(s) appearing for the Case

Susan Slovak, Assistant Deputy Public Defender, argued the cause for appellant (Stanley C. Van Ness, Public Defender; Diana Johnston, Assistant Deputy Public Defender, of counsel and on the brief).

Rocky L. Peterson, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General; Edwin H. Stern, Deputy Attorney General, and Rocky L. Peterson, Deputy Attorney General, of counsel and on the brief).

Before Judges BISCHOFF, BOTTER and DWYER.


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

This appeal concerns a defendant who served part of a State Prison sentence before being released on probation for drug treatment pursuant to R. 3:21-10(b). Defendant thereafter violated probation. The issues are (1) whether the trial judge could properly sentence or resentence defendant after the probation violation to a greater sentence than defendant was serving when he was placed on probation and...

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