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BREEDEN v. NEW JERSEY DEPT. OF CORRECTIONS

132 N.J. 457 (1993)

625 A.2d 1125

LEE BREEDEN, APPELLANT-RESPONDENT, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 21, 1993.

Attorney(s) appearing for the Case

Madeleine W. Mansier, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

J. Michael Blake, Assistant Deputy Public Defender, argued the cause for respondent (Zulima V. Farber, Public Defender, attorney).

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

This case concerns the question whether another state's prison sentence, expressly intended to be concurrent with a prior uncompleted New Jersey sentence, is to be credited as time served against the uncompleted New Jersey sentence even though served in the foreign state. The New Jersey sentence had been interrupted when the offender escaped to a foreign state and committed a crime there that resulted in the offender...

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