Search Rutgers Law Library N.J. Court Opinions

31 State v. Kassey Benjamin -- rank: 805

... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). As a first-time offender, defendant ... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). In this case, defendant was charged ... by the court or three years, whichever is greater.” N.J.S.A. 2C:43-6(c) (2008). Underlying this statute is a legislative intent to ... be served by the imposition of a mandatory minimum term. [ N.J.S.A. 2C:43-6.2.] In other words, an eligible defendant may be sentenced ... moves for or approves a waiver or reduction pursuant to N.J.S.A. 2C:43-6.2. Furthermore, where the prosecuting agency is seeking or approving ... which involved the constitutionality of the prosecutor’s power under N.J.S.A. 2C:43-6(f) to seek a mandatory extended term 5 for ...

docket:	a_43_15
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	73759

32 STATE OF NEW JERSEY v. BRIAN RICE -- rank: 798

... with a three-year period of parole ineligibility pursuant to N.J.S.A. 2C:43-6.5(a). The judge sentenced defendant to a concurrent nine ... five-year period of parole ineligibility was mandatory pursuant to N.J.S.A. 2C:43-6.5(a). That statute provides: [E]xcept as otherwise provided ... Ibid. ] Official misconduct is a crime listed in subsection (b). N.J.S.A. 2C:43-6.5(b)(17). Therefore, the State contends the appropriate sentence ... imprisonment with a five-year period of parole ineligibility. However, N.J.S.A. 2C:43-6.5(c)(2) provides that "[i]f the court finds ... judge not impose any period of parole ineligibility pursuant to N.J.S.A. 2C:43-6.5(c)(2). The judge found aggravating factors three (the ... State's appeal. After weighing the sentencing factors, referring to N.J.S.A. 2C:43-6.5(c)(2) and "the full wrath of th[ ...

docket:	a3777-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-16
status:	published
citation:	425 N.J. Super. 375 41 A.3d 764
Document Size:	80578

33 State of New Jersey v. James W. Robinson -- rank: 796

... and sentenced defendant to two mandatory extended terms pursuant to N.J.S.A. 2C:43-6(f), as a repeat drug offender. On count two, defendant ... 2C:44-3(a) and a mandatory extended term under N.J.S.A. 2C:43-6(f). N.J.S.A. 2C:44-5(a)(2 ... prosecutor, those for repeat offenders of certain designated drug crimes. N.J.S.A. 2C:43-6(f). Barring more than one extended term when a judge ... 4. The Court notes that a specific statute, such as N.J.S.A. 2C:43-6(f), requiring the imposition of mandatory extended terms for certain ... terms during the same sentencing proceeding. The Court explains that N.J.S.A. 2C:43-6(f) permits the prosecutor to waive imposition of the extended ... court sentenced defendant to two mandatory extended terms pursuant to N.J.S.A. 2C:43-6(f), “as a subsequent drug offender.” On ...

docket:	A-20-12
court:	NJ Supreme Court
decided:	2014-06-05
status:
citation:	217 N.J. 594 92 A.3d 656
Document Size:	80418

34 J.I. v. NEW JERSEY STATE PAROLE BOARD -- rank: 791

... as an offender subject to community supervision for life (CSL), N.J.S.A. 2C:43-6.4. 1 J.I. challenges the constitutionality of conditions of ... to "conditions appropriate to protect the public and foster rehabilitation," N.J.S.A. 2C:43-6.4, and special conditions deemed reasonable by the Board "in ... on the Internet. Thereafter, in December 2007, the Legislature amended N.J.S.A. 2C:43-6.4, effective February 25, 2008, to add a provision permitting ... with the prior approval of the person's parole officer[.] [ N.J.S.A. 2C:43-6.4(f); see also L. 2007, c. 219, § 3 ... device on his or her computer, and disclose all passwords. N.J.S.A. 2C:43-6.4(f)(1)-(5). In October 2009, J.I. was ... imposes on all offenders, and the computer/Internet restrictions in N.J.S.A. 2C:43-6.4(f), which the Board may impose on an ...

docket:	a1293-14
court:	NJ Superior Court Appellate Division
decided:	2015-08-11
status:	published
citation:	441 N.J.Super. 564 120 A.3d 256
Document Size:	50745

35 STATE OF NEW JERSEY v. CHRISTOPHER C. SCHWARTZ -- rank: 789

... 11-1962. On September 20, 2018, the State moved under N.J.S.A. 2C:43-6(f) for a mandatory extended term on Ind. No. 15 ... defendant's prior convictions triggered mandatory extended term sentencing under N.J.S.A. 2C:43-6(f), exposing defendant to a maximum extended term of twenty ... pertains to discretionary extended terms for persistent offenders, rather than N.J.S.A. 2C:43-6(f), which pertains to mandatory extended terms. Id. at 11 ... argue he was ineligible for a mandatory extended term under N.J.S.A. 2C:43- 6(f). Id. at 22. In addressing defendant's sentencing arguments ... notwithstanding that extended terms are ordinarily discretionary with the court.' N.J.S.A. 2C:43-6(f). In addition, '[t]he term of imprisonment shall, except ... to impose a discretionary period of parole ineligibility pursuant to N.J.S.A. 2C:43- -6(b). Id. at 7-8. We emphasized that '[t] ...

docket:	a0902-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-05
status:	Unpublished
citation:
Document Size:	38862

36 STATE OF NEW JERSEY v. CHRISTOPHER DENT -- rank: 784

... on the brief). PER CURIAM Pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), any person convicted of the unlawful possession of a ... greater . . . during which the defendant shall be ineligible for parole." N.J.S.A. 2C:43-6(c) (2010). 1 In certain circumstances, the so-called Graves Act "escape valve," N.J.S.A. 2C:43-6.2, permits relief from the statute's mandatory minimum requirements ... which stated that she amended defendant's sentence pursuant to N.J.S.A. 2C:43-6.2, and our decisions in State v. Alvarez , 246 N ... reference to community supervision for life ("CSL"), as required by N.J.S.A. 2C:43-6.4. 9 Id. at 300-01. The Parole Board asked ... Id. at 139-40. Defendant filed his motion pursuant to N.J.S.A. 2C:43-6.3, which permitted a defendant already serving a Graves ...

docket:	a6253-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-05
status:	Published
citation:
Document Size:	86449

37 /usr/local/share/www/libweb/collections/courts/appellate/a5077-15a5078-15a5146-15a5147-15a5160-15.opn.html -- rank: 782

... sentencing provision expressly supersedes 'the term of imprisonment provided under N.J.S.[A.] 2C:43-6' – which prescribes a prison term of zero to eighteen ... shall receive a 'specific term' not more than '18 months,' N.J.S.A. 2C:43-6(a)(4), would preclude intermittent sentences. Thus, not even the ... N.J.S.A. 2C:43-7.2(b); cf. N.J.S.A. 2C:43-6.2(a) (referring to 'mandatory minimum term'); N.J.S.A. 2C:43-6.3 (using 'mandatory minimum sentence' and 'mandatory minimum term' interchangeably ... eligible for parole'). Or, it may not. See, e.g., N.J.S.A. 2C:43-6(a) (noting that regular flat sentences 'shall be fixed by ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	64436

38 G.H v. TOWNSHIP OF GALLOWAY TOWNSHIP OF CHERRY HILL, v. JAMES BARCLAY and JEFFREY FINGUERRA -- rank: 779

... Life statute, L. 1994, c. 130, §2 (codified at N.J.S.A. 2C:43-6.4). 4 Since their original enactment, these laws have been ... that the person has been crime-free for fifteen years. N.J.S.A. 2C:43-6.4. Notably, N.J.S.A. 2C:43-6.4 does not require community supervision for life for individuals ... Most CSOs are subject to community supervision for life, see N.J.S.A. 2C:43-6.4, which evinces a legislative intent to regulate the post ... to conditions appropriate to protect the public and foster rehabilitation ." N.J.S.A. 2C:43-6.4b (emphasis added). It is thus apparent that the Legislature ... fact that N.J.S.A. 2C:7-2f and N.J.S.A. 2C:43-6.4c permit the Superior Court to relieve a CSO ...

docket:	a4036-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-15
status:	published
citation:	401 N.J.Super. 392 951 A.2d 221
Document Size:	82018

39 G.H v. TOWNSHIP OF GALLOWAY TOWNSHIP OF CHERRY HILL, v. JAMES BARCLAY and JEFFREY FINGUERRA -- rank: 779

... Life statute, L. 1994, c. 130, §2 (codified at N.J.S.A. 2C:43-6.4). 4 Since their original enactment, these laws have been ... that the person has been crime-free for fifteen years. N.J.S.A. 2C:43-6.4. Notably, N.J.S.A. 2C:43-6.4 does not require community supervision for life for individuals ... Most CSOs are subject to community supervision for life, see N.J.S.A. 2C:43-6.4, which evinces a legislative intent to regulate the post ... to conditions appropriate to protect the public and foster rehabilitation ." N.J.S.A. 2C:43-6.4b (emphasis added). It is thus apparent that the Legislature ... fact that N.J.S.A. 2C:7-2f and N.J.S.A. 2C:43-6.4c permit the Superior Court to relieve a CSO ...

docket:	a3235-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-15
status:	published
citation:	401 N.J. Super. 392 951 A.2d 221
Document Size:	82021

40 /usr/local/share/www/libweb/collections/courts/supreme/a4503-14.opn.html -- rank: 777

... Board), which revoked his parole supervision for life (PSL), see N.J.S.A. 2C:43-6.4, and imposed a fourteen-month term of incarceration. Appellant ... AUTHORITY BY THE LEGISLATURE TO THE STATE PAROLE BOARD UNDER N.J.S.A. 2C:43-6.4 VIOLATES THE SEPARATION OF POWERS DOCTRINE OF THE STATE ... THE STATUTORY ENACTMENT FOR PAROLE SUPERVISION FOR LIFE, CODIFIED AT N.J.S.A. 2C:43-6.4, IS UNCONSTITUTIONAL AS IT DENIES THE RIGHT TO A ... PAROLE TO SENTENCE INDIVIDUALS TO ADDITIONAL TERMS OF IMPRISONMENT UNDER N.J.S.A. 2C:43-6.4 IS AN UNCONSTITUTIONAL DELEGATION OF AUTHORITY VIOLATING THE SEPARATION ... a condition of PSL is charged with a crime under N.J.S.A. 2C:43-6.4(d). Therefore, the Legislature should have placed with the ... Board the authority to impose additional terms of imprisonment. See N.J.S.A. 2C:43-6.4. We reject all of the arguments advanced under ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	52106

41 JOSEPH LIPP v. ALFRED KANDELL -- rank: 775

... PAROLE TO SENTENCE INDIVIDUALS TO ADDITIONAL TERMS OF IMPRISONMENT UNDER N.J.S.A. 2C:43-6.4(d) IS AN UNCONSTITUTIONAL DELEGATION OF AUTHORITY, VIOLATING, INTER ... PAROLE TO SENTENCE INDIVIDUALS TO ADDITIONAL TERMS OF IMPRISONMENT UNDER N.J.S.A. 2C:43-6.4(d) IS AN UNCONSTITUTIONAL DELEGATION OF AUTHORITY, VIOLATING, INTER ... IN FINDING IT LACKED JURISDICTION TO REVIEW THE CONSTITUTIONALITY OF N.J.S.A. 2C:43-6.4(d) AS APPLIED TO LIPP. POINT II THE TRIAL ... PAROLE TO SENTENCE INDIVIDUALS TO ADDITIONAL TERMS OF IMPRISONMENT UNDER N.J.S.A. 2C:43-6.4(d) IS AN UNCONSTITUTIONAL DELEGATION OF AUTHORITY, VIOLATING, INTER ... of a sentence for individuals convicted of certain sex offenses. N.J.S.A. 2C:43-6.4(a); 1 State v. Perez , 220 N.J. 423 ... conditions as "appropriate to protect the public and foster rehabilitation." N.J.S.A. 2C:43-6.4(b). See J.B. v. N.J. State ...

docket:	a2261-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-23
status:	unpublished
citation:
Document Size:	41310

42 /usr/local/share/www/libweb/collections/courts/appellate/a4135-16.opn.html -- rank: 772

... his PSL on at least three occasions and, pursuant to N.J.S.A. 2C:43-6.4(d), the State Parole Board returned him to prison ... was unconstitutional as applied to him because the PSL statute [N.J.S.A. 2C:43-6.4] violates the separation of powers doctrine.' Judge Moynihan found ... s further determination that even if defendant's assertion that N.J.S.A. 2C:43-6.4 is unconstitutional under a separation of powers theory could ... PSL is 'deemed to be a term of life imprisonment[,]' N.J.S.A. 2C:43-6.4(b), and is intended to be a penal, not ... sentence supervisory program, State 2 In 2003, the Legislature amended N.J.S.A. 2C:43-6.4, removed references in the statute to community supervision for ... to the Parole Board's authority to conduct revocation hearings, N.J.S.A. 2C:43-6.4(b) states: If the defendant violates a condition ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	32125

43 STATE OF NEW JERSEY v. ATOY A. SMITH -- rank: 765

... good cause' language should be read to limit prosecution for N.J.S.A. 2C:43-6.4(d) offenses to 'serious or persistent' violations of CSL ... PRESENT A PRIMA FACIE CASE TO THE GRAND JURY, BECAUSE N.J.S.A. 2C:43-6.4(d) IS UNCONSTITUTIONALLY VAGUE, AND BECAUSE THE STATE'S ... 10A:72-2.4 BEFORE FILING A CRIMINAL CHARGE UNDER N.J.S.A. 2C:43-6.4(D), THE STATE FAILED TO PRESENT 'SOME EVIDENCE' THAT ... indictment for abuse of discretion). B. A-1673-21 7 N.J.S.A. 2C:43-6.4(d) states in pertinent part: A person who violates ... based treatment program. III. A. Defendant maintains his prosecution under N.J.S.A. 2C:43-6.4(d) is barred by double jeopardy, because he already ... an integral part of a defendant's sentence' and that ' N.J.S.A. 2C:43-6.4 is punitive rather than remedial.' Defendant contends that ...

docket:	a1673-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-03
status:	Unpublished
citation:
Document Size:	39489

44 STATE OF NEW JERSEY v. RUDELL ANDERSON -- rank: 765

... arrangement, the State waived a motion for enhanced sentencing under N.J.S.A. 2C:43-6(f) pursuant to the Brimage Guidelines. Oliver was sentenced to ... eligible for the imposition of a mandatory extended term under N.J.S.A. 2C:43-6(f), "the waiver of the parole ineligibility under the new ... who were the beneficiaries of waivers of extended terms under N.J.S.A. 2C:43-6(f) are eligible to seek reconsideration of their sentences pursuant ... were eligible at sentencing for an extended term sentence under N.J.S.A. 2C:43-6(f) on account of a previous conviction for distribution or ... to a Brimage waiver of a mandatory extended term under N.J.S.A. 2C:43-6(f), and Anderson was sentenced to a five-year term ... or required to be imposed pursuant to subsection f. of [ N.J.S.A. ] 2C:43-6 or upon conviction for a crime other than the ...

docket:	a5851-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	40204

45 STATE OF NEW JERSEY v. KEITH D. CLARKE -- rank: 765

... arrangement, the State waived a motion for enhanced sentencing under N.J.S.A. 2C:43-6(f) pursuant to the Brimage Guidelines. Oliver was sentenced to ... eligible for the imposition of a mandatory extended term under N.J.S.A. 2C:43-6(f), "the waiver of the parole ineligibility under the new ... who were the beneficiaries of waivers of extended terms under N.J.S.A. 2C:43-6(f) are eligible to seek reconsideration of their sentences pursuant ... were eligible at sentencing for an extended term sentence under N.J.S.A. 2C:43-6(f) on account of a previous conviction for distribution or ... to a Brimage waiver of a mandatory extended term under N.J.S.A. 2C:43-6(f), and Anderson was sentenced to a five-year term ... or required to be imposed pursuant to subsection f. of [ N.J.S.A. ] 2C:43-6 or upon conviction for a crime other than the ...

docket:	a1505-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	41099