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Wednesday, August 06, 2008

State of New Jersey v. Michael A. Cooper

08-06-08 A-1066-06T4

On remand following the Appellate Division's decision ordering that sentences be served concurrently, and not consecutively as originally imposed, the aggregate sentence imposed on remand cannot be longer than the period of parole ineligibility flowing from the original sentence as well as the original aggregate specific term; hence, on remand when a consecutive sentence must be made to run concurrent with a sentence carrying a parole ineligibility term under the No Early Release Act, the new specific term sentence imposed cannot be greater than that which produces an 85 percent parole ineligibility term greater than the original period of parole ineligibility.

Editor, Mitch Zuckerman