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RICHARDSON v. NICKOLOPOULOS

110 N.J. 241 (1988)

540 A.2d 1246

DONALD RICHARDSON, APPELLANT, v. LOUIS NICKOLOPOULOS, CHAIRMAN OF THE NEW JERSEY STATE PAROLE BOARD, RESPONDENT.

The Supreme Court of New Jersey.

Decided April 13, 1988.

Attorney(s) appearing for the Case

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender).

Stuart J. Lieberman, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel).

The opinion of the Court was delivered by O'HERN, J.

Once again, we must reconcile anomalies and ambiguities that inhere in the Code of Criminal Justice (Code), N.J.S.A. 2C:1-1 to 98-4, occasioned by the Legislature's selective inclusion and omission of provisions of its conceptual source, the Model Penal Code (MPC).

This appeal concerns the meaning of N.J.S.A. 2C:44-5b(2), which governs sentencing at different times for multiple offenses. This...

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