State v. Perry

The opinion of the court was delivered by

ALVAREZ, J.A.D.

In this appeal, we are asked to dismiss with prejudice New Jersey charges under the Interstate Agreement on Detainers (IAD), N.J.S.A 2A:159A-1 to -15, because Pennsylvania refused to allow a Pennsylvania parole violator to be brought to this state for nearly two years pursuant to that state’s Department of Corrections policies. See Pa. Dep’t of Corr., Records Center Operations Procedure Manual, 11.5.1, § 5B(4) (2003). Because the two-year delay which resulted is not one of the enumerated instances requiring dismissal under the IAD, and…