Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant and Cross-Respondent v. Frank Kovack, Defendant-Respondent and Cross-Appellant

December 7, 198291 N.J. 476

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's judgment, holding that a defendant who enters a guilty plea must be informed of any possible parole ineligibility, that this requirement applies to all pleas entered since the Code’s effective date of September 1, 1979, and that the sentencing court may not impose a parole ineligibility period absent such disclosure. The Court also declined to apply the rule retroactively and modified the lower court's order accordingly.