State v. Kyc

The opinion of the court was delivered by

SHEBELL, J.A.D.

The State appeals from the Law Division’s dismissal of a Somerset County indictment which charged defendant with one count of third-degree escape (N.J.S.A. 2C:29-5a).1 In his decision, the Law Division judge noted that the Home Confinement Program (HCP), which defendant was participating in, did not exist at the time the escape statute, N.J.S.A. 2C:29-5, was adopted in 1979 as part of the Code of Criminal Justice. State v. Kyc, 257 N.J.Super. 600, 603, 608 A.2d 1013 (Law Div.1992). The judge, therefore, concluded that the defendant was…