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Pantusco v. New Jersey Dep't of Corrections

September 25, 2008

PATRICK J. PANTUSCO, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.



On appeal from a Final Determination of the New Jersey Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 10, 2008

Before Judges Stern and A.A. Rodríguez.

Patrick J. Pantusco appeals from the final administrative determination of the Department of Corrections denying his claim of entitlement to work time and commutation credits to reduce his thirty-year mandatory minimum sentence imposed for murder. See State v Pantusco, 330 N.J. Super. 424, 429 (App. Div. 2000).

However, N.J.S.A. 2C:11-3b and N.J.S.A. 30:4-123.51(a) make clear that these credits do not reduce the mandatory minimum or parole ineligibility term of a sentence. See Merola v. Department of Corrections, 285 N.J. Super. 501, 509-10 (App. Div. 1995), certif. denied, 143 N.J. 519 (1996). Pantusco is entitled to Rule 3:21-8 jail time credit to reduce the minimum term, State v. Grate, 311 N.J. Super. 456, 458 (App. Div. 1998), but he received them.

The final administrative determination is affirmed.

20080925

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