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STATE v. PRIESTER

99 N.J. 123 (1985)

491 A.2d 650

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DENNIS PRIESTER, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 7, 1985.

Attorney(s) appearing for the Case

Anne C. Paskow, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Jane A. Grall, Deputy Attorney General, of counsel and on the brief).

Philip De Vencentes, argued the cause for respondent (Galantucci & Patuto, attorneys).

The opinion of the Court was delivered by GARIBALDI, J.

New Jersey Court Rule 3:21-10(b)(2) provides for the amendment of a "custodial sentence to permit the release of a defendant because of illness or infirmity of the defendant." The issues presented in this appeal are (1) what factors should a court consider when exercising its discretion in determining whether a prisoner should be released from prison under Rule 3:21-10(b)(2), and (2) may a court apply this Rule...

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