State v. O'CONNOR

The opinion of the Court was delivered by

STEIN, J.

In this case, and in State v. Hartye, 105 N.J. 411 (1987), which we also decide today, we are called on to determine the proper relationship between a term of imprisonment imposed as a condition of probation, N.J.S.A. 2C:43-2b(2), and the pre sumptions of incarceration contained in N.J.S.A. 2C:44-1d and -1e. Specifically, the issue in this case is whether the “split sentence” authorized by N.J.S.A. 2C:43-2b(2) may be imposed on a defendant who has pled guilty to a second-degree offense, which normally carries a presumption of imprisonment.…