08-06-08 State of New Jersey v. Michael A. Cooper
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.
