Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Edward Tumminello, Defendant-Appellant

May 12, 197670 N.J. 187

Summary

The Supreme Court of New Jersey reversed the lower courts and remanded for entry of an order suspending the custodial portion of Tumminello's sentence because his deteriorating health qualifies as an illness exception under R.3:21-10(b)(2), and the court held that the amended rule applies retroactively and that reasons must be stated on the record for sentence‑reduction motions.