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STATE v. CARLOUGH

183 N.J. Super. 234 (1982)

443 A.2d 772

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL CARLOUGH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1982.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender, attorney for appellant (David L. Kervick, Assistant Deputy Public Defender, on the brief).

James R. Zazzali, Attorney General, attorney for respondent (Frederick S. Cohen, Deputy Attorney General, of counsel; Frederick S. Cohen and Debra L. Stone, on the brief).

Before Judges MILMED, JOELSON and GAULKIN.

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

Following his plea of guilty to escape (N.J.S.A. 2C:29-5(a)) defendant was sentenced to probation for a period of five years "and to be confined to the Middlesex County Adult Correction Center as a condition of that probation for a period of 180 days." This appeal challenges the further direction of the trial court that

Credit for time of 94 days may NOT be used for the condition of probation...

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