Conford, Collester and Labrecque. The opinion of the court was delivered by Labrecque, J.A.D.
[97 NJSuper Page 37] Defendant appeals from a judgment revoking his previous probation and sentencing him to the State Prison.
On March 17, 1964 defendant pleaded guilty to a charge of atrocious assault and battery. He was sentenced by then Essex County Judge Crane to 12 months in the Essex County Penitentiary but the sentence was suspended and he was placed on probation for a period of three years on condition that he participate in the alcoholic rehabilitation program of the Essex County Probation Department. In imposing sentence the court cautioned him:
"The Essex County Probation Department has an alcoholic rehabilitation program. It is a special condition of this probation that you cannot drink any intoxicating beverages. You cannot have a cocktail at night. You are not to frequent any taverns. You are not supposed to drink anything, not even beer. * * *"
"If you don't do this, you will be brought back here for a hearing on violation of probation and chances are that I will have to send you to the penitentiary to serve this time." (Emphasis added)
Defendant affirmatively indicated that he understood the conditions imposed.
On May 23, 1966, while a prisoner in the Essex County jail, defendant received notice that he was charged with violation of the conditions of his probation based upon the following:
(1) His arrest on May 9, 1966 for assault and battery on his wife, subsequent guilty plea in the Newark Municipal Court, 60-day suspended sentence and two years probation.
(2) His appearance on May 16, 1966 in the Newark Municipal Court where he was found guilty of vandalism and received a 30-day suspended sentence.
(3) His failure to report to his probation officer since December 8, 1965.
(4) His departure from the VA hospital in Lyons, N.J. in January 1966 without permission of his probation officer and against ...