State v. Hartye

The opinion of the Court was delivered by

STEIN, J.

In this case, as in State v. O’Connor, 105 N.J. 399 (1987), we consider the relationship between the presumptions of incarceration contained in N.J.S.A. 2C:44-1d and le and a term of imprisonment imposed as a condition of probation pursuant to N.J.S.A. 2C:43-2 b(2). The specific question presented in this appeal is whether the presumption of non-imprisonment applicable to first-time offenders convicted of third- or fourth-degree crimes precludes the imposition of a term of imprisonment as a condition of probation. The Appellate Division held…