dissenting.
In this case, the trial court sentenced defendant to the maximum custodial term of five years with a parole ineligibility period of two-and-one-half years on each of two counts of Death by Auto. The court designated the terms to run consecutively with no mention of Yarbough or its criteria. Noting that multiple-victims is the only factor that supports consecutive sentencing here, the majority upholds the sentences based on its conclusion in State v. Carey, 168 N.J. 413, 429-30, 775 A.2d 495, 505, that a multiple-victims case “should ordinarily result in the imposition of at least two consecutive terms.” I dissent essentially for the reasons set forth in my opinion in State v. Carey, 168 N.J. 413, 775 A.2d 495 (2001).
I object as well to the fact that the majority has affirmed consecutive sentencing without regard to the trial court’s imposition of the maximum term on each conviction that in itself violates the principle of Yarbough that “successive terms for the same offense should not ordinarily be equal to the punishment for the first offense.” State v. Rogers, 124 N.J. 113, 119, 590 A.2d 234 (1991). Moreover, it is well established that “where the offenses are closely related it would ordinarily be inappropriate to sentence a defendant to the maximum term for each offense and also *444require that those sentences be served consecutively.” State v. J.G., 261 N.J.Super. 409, 427, 619 A.2d 232 (App.Div.) (citing State v. Miller, 108 N.J. 112, 122, 527 A.2d 1362 (1987)), certif. denied, 133 N.J. 436, 627 A.2d 1142 (1993).
Accordingly, I would reverse the Appellate Division decision and remand for resentencing.
Justice ZAZZALI joins in this opinion.
For affirmance — Chief Justice PORITZ and Justices STEIN, COLEMAN, VERNIERO, and LaVECCHIA — 5.
Opposed — Justices LONG and ZAZZALI — 2.