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State v. Monaco

Decided: March 2, 1979.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANDREW MONACO, DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Morris County.

Matthews and Milmed. The opinion of the court was delivered by Milmed, J.A.D.

Milmed

On this appeal defendant complains of portions of certain of the sentences imposed upon him following his retraxit pleas of guilty to ten counts of breaking and entering with intent to steal (N.J.S.A. 2A:94-1) and nine counts of larceny of property having a value in excess of $500 (N.J.S.A. 2A:119-2).*fn1 In the letter brief submitted on defendant's behalf, counsel points out that:

On May 6, 1977, Judge Egan sentenced defendant, on the first count of Indictment No. 200-76-S, for breaking and entering, to an indeterminate term at the Youth Correctional Institution Complex, and on the second count for larceny, to a consecutive but

suspended State Prison term of three to five years, with a consecutive five year probationary period conditioned on completion of an eighteen month in-patient drug rehabilitation program at Integrity House or a similar facility. * * * On the first count of Indictment 202-76-S, charging breaking and entering, defendant was sentenced to a consecutive but suspended State Prison term of two to three years, and a consecutive five year probationary term, conditioned on completion of an in-patient drug treatment program, was imposed. * * * On each of the eight remaining counts of larceny, defendant was sentenced to a consecutive but suspended State Prison term of three to five years, and on each of the eight remaining counts for breaking and entering, consecutive but suspended State Prison terms of two to three years were imposed. * * * On each one of these sixteen suspended sentences, a concurrent five year probationary period, on the same condition previously specified, was imposed. * * *

On June 24, 1977, at the conclusion of a hearing on defendant's motion for a reduction or modification of the sentence, the motion was denied by Judge Egan. * * **fn2

On March 31, 1978, defendant was paroled from the indeterminate term at the Youth Complex. By an order entered in June, 1978, and pursuant to R. 2:9-3(c), Judge Egan granted defendant's motion to stay, pending the outcome of this appeal, the operation of the special condition of defendant's probation which requires him to attend an in-patient drug treatment program.*fn3

Defendant argues that:

(1) the second, consecutive five year probationary period is illegal and excessive; and (2) the in-patient drug treatment program, made a condition of the probationary periods, is unreasonable, unwarranted and inappropriate.

We disagree. From our review of the record submitted on the appeal we are satisfied that, in the circumstances, the

trial judge properly imposed the second consecutive five-year period of probation as well as the special condition of probation, viz. , that defendant complete ...


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