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31 /usr/local/share/www/libweb/collections/courts/appellate/a2965-18.opn.html -- rank: 612

... year term for unlawful possession, subject to the Graves Act, N.J.S.A. 2C:43-6.2. He imposed two concurrent four- year terms on the criminal ...

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32 STATE OF NEW JERSEY v. NESTOR BALBI, -- rank: 609

... the indictment], the State move for a waiver pursuant to N.J.S.A. 2C:43-6.2 to reduce the parole ineligibility period to one year.' She ... REASONS FOR REFUSING DEFENDANT'S REQUEST FOR A WAIVER UNDER N.J.S.A. 2C:43-6.2 OF THE MANDATORY MINIMUM SENTENCE FOR A GRAVES ACT OFFENSE ... mandatory minimum sentence under the Graves Act, [as provided under N.J.S.A. 2C:43-6.2],' State v. Benjamin, 228 N.J. 358, 368 (2017), and ... be served by the imposition of a mandatory minimum term. [N.J.S.A. 2C:43-6.2.] Under either scenario set forth in N.J.S.A. 2C:43-6.2, the prosecutor must affirmatively indicate the approval or denial of ... moves for or approves a waiver or reduction pursuant to N.J.S.A. 2C:43-6.2.' Directive at 13. The Benjamin Court concluded sufficient procedural ...

docket:	a0682-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-29
status:	Unpublished
citation:
Document Size:	33231

33 STATE OF NEW JERSEY v. SHURQUAN SWEET -- rank: 609

... 43-6(c). However, a provision in the Graves Act, N.J.S.A. 2C:43-6.2 (waiver provision), authorizes the State to move before the assignment ... defendant asserts the following for our consideration: POINT I – N.J.S.A. 2C:43-6.2 PERMITS THE IMPOSITION OF A PROBATIONARY SENTENCE WITHOUT THE NECESSITY ... imprisonment during which the defendant will be ineligible for parole. [ N.J.S.A. 2C:43-6.2.] After filing his appeal, our Supreme Court affirmed in part ... as the assignment judge's designee) has the authority under N.J.S.A. 2C:43-6.2 to decide whether a defendant shall receive a term of ... judge, has the statutory authority to make such a determination. N.J.S.A. 2C:43-6.2. [ Id. at 393-94.] The Court also made clear that ... the probationary or one-year mandatory-minimum sentence provided in N.J.S.A. 2C:43-6.2. Id. at 386. The sentencing court's task is ...

docket:	a2190-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-27
status:	unpublished
citation:
Document Size:	18464

34 /usr/local/share/www/libweb/collections/courts/appellate/a5715-12a0479-13a0715-13.opn.html -- rank: 603

... pursuant to the plea agreement. As we have determined that N.J.S.A. 2C:43-6.2 (the "escape valve" statute) provides for judicial discretion, we reverse ... same arguments: point I pursuant to the plain language of N.J.S.A. 2C:43-6.2, and this court's opinion in state v. ginty , 243 ... A. 2C:43-6(c). In 1989, the Legislature enacted N.J.S.A. 2C:43-6.2. The purpose of the amendment was to allow the trial ... a one-year ineligibility term is to be imposed" under N.J.S.A. 2C:43-6.2. See State v. Mastapeter , 290 N.J. Super. 56 , 64 ... also Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:43-6.2 (2014) ("[A] prosecutor's decision not to pursue or endorse ...

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court:	NJ Superior Court Law/Chancery Division
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35 STATE OF NEW JERSEY v. ROBERTO C. TANCO-BRITO -- rank: 600

... minimum period of parole ineligibility. a. The Assignment Judge misinterpreted [ N.J.S.A. ] 2C:43-6.2. b. The Assignment Judge erred in his application of the ... be served by the imposition of a mandatory minimum term. [ N.J.S.A. 2C:43-6.2.] Should the prosecutor decide not to approve the use of ...

docket:	a4218-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-26
status:	unpublished
citation:
Document Size:	46052

36 STATE OF NEW JERSEY v. TERRELL L. WILLIAMS -- rank: 596

... violation. See N.J.S.A. 2C:43-6(c). N.J.S.A. 2C:43-6.2, the so-called Graves Act "escape valve," provides in pertinent ... be persuasive. The State contends that separate and apart from N.J.S.A. 2C:43-6.2, imposition of a probationary sentence for a second-degree offense ... equal to time already served is an appropriate sentence under N.J.S.A. 2C:43-6.2 in this case. Finally, defendant aptly directs our attention to ... This leads defense counsel in this case to argue that N.J.S.A. 2C:43-6.2 carves out an exception to the Criminal Code's comprehensive ...

docket:	a2341-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-14
status:	unpublished
citation:
Document Size:	24611

37 /usr/local/share/www/libweb/collections/courts/appellate/a3512-17.opn.html -- rank: 594

... reduce the mandatory minimum term of parole ineligibility pursuant to N.J.S.A. 2C:43-6.2. Finally, defendant contends that gap time credit awarded at sentencing ... waiver or reduction of the mandatory minimum sentence pursuant to N.J.S.A. 2C:43-6.2. The trial judge proceeded to sentence defendant to a state ... DEFENDANT'S APPLICATION UNDER THE GRAVE'S ACT ESCAPE VALVE, N.J.S.A. 2C:43-6.2, AND REMAND FOR RESENTENCING. POINT IV THE [FOURTEEN] DAYS OF ... to waive or reduce the parole ineligibility term pursuant to N.J.S.A. 2C:43-6.2. The prosecutor's decision is subject to judicial review under ... J. Super. 137, 147 (App. Div. 1991) (noting application of N.J.S.A. 2C:43-6.2 is subject to the consent of A-3512-17T1 18 ...

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38 STATE OF NEW JERSEY v. SHAWN REEVES -- rank: 594

... motion for a Graves Act 1 sentencing waiver pursuant to N.J.S.A. 2C:43-6.2. On October 7, 2020, defendant was sentenced to two years ...

docket:	a0921-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-06
status:	Unpublished
citation:
Document Size:	47633

39 STATE OF NEW JERSEY v. LUIS DEL ORBE -- rank: 589

... Super. 137 (App. Div. 1991), we addressed the constitutionality of N.J.S.A. 2C:43-6.2 (section 6.2), a companion provision to section 6.3 ... discriminatory." Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:43-6.2. See also State v. Mastapeter , 290 N.J. Super. 56 ...

docket:	a6341-06
court:	superior court appellate division
decided:	2010-07-02
status:	Unpublished
citation:
Document Size:	32031

40 STATE OF NEW JERSEY VS. DELSHON J. TAYLOR JR. -- rank: 587

... be served by the imposition of a mandatory minimum term. [N.J.S.A. 2C:43-6.2.] A-3359-21 22 'In 2008, the New Jersey Attorney ...

docket:	a3359-21
court:	appellate
decided:	2024-04-22
status:	Unpublished
citation:
Document Size:	43966

41 STATE OF NEW JERSEY v. ROBERT L. FREEMAN, JR -- rank: 582

... 39-5(b), or for other Graves Act offenses. See N.J.S.A. 2C:43-6.2 (permitting exception to mandatory minimum sentence imposed by N.J ... decided before adoption of the so-called "escape valve" provision, N.J.S.A. 2C:43-6.2, discussed above. This archive is a service of Rutgers School ...

docket:	a0859-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	33494

42 STATE OF NEW JERSEY v. KASSEY BENJAMIN -- rank: 580

... other defendants pursuant to the Graves Act "escape valve" statute. N.J.S.A . 2C:43-6.2. Prior to his plea, defendant requested the records without success ... A. 2C:43-6(c). The "escape valve" provision of N.J.S.A. 2C:43-6.2 states: that where a defendant has not been previously convicted ... to be sentenced pursuant to the escape valve provision of N.J.S.A. 2C:43-6.2, "the defendant may [appeal the denial of the waiver] by ... 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 a ... statewide uniformity in the exercise of prosecutorial discretion in implementing N.J.S.A. 2C:43-6.2." We interpret the Directive's required memorialization of reasons by ...

docket:	a1569-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-08
status:	published
citation:	442 N.J.Super. 258 122 A.3d 341
Document Size:	31524

43 STATE OF NEW JERSEY v. JAMES A. STUART -- rank: 575

... mid-range of a conviction for a second-degree crime. N.J.S.A. 2C:43-6(2) (setting forth a range of five to ten years of ...

docket:	a1627-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-02
status:	Unpublished
citation:
Document Size:	37667

44 STATE OF NEW JERSEY v. DANA R. JOHNSON -- rank: 573

... reduction under the 'escape-valve provision' of the Graves Act, N.J.S.A. 2C:43-6.2, the judge sentenced defendant to the mandatory minimum term of ...

docket:	a5622-18
court:	NJ Superior Court Appellate Division
decided:	2022-12-01
status:	Unpublished
citation:
Document Size:	48412

45 STATE OF NEW JERSEY v. BONNIE OLIVER-ALLAMONG -- rank: 571

... have her offense reviewed under the "escape valve" provision of N.J.S.A. 2C:43-6.2. That statute provides that where a defendant has not been ... could be sentenced to a reduced mandatory minimum term under N.J.S.A. 2C:43-6.2, placed on probation, or possibly admitted into PTI. On July ... to be sentenced pursuant to the escape valve provision of N.J.S.A. 2C:43-6.2, "the defendant may [appeal the denial of the waiver] by ... against a defendant by denying his or her application under N.J.S.A. 2C:43-6.2. In this case, the judge stated that he had "open ...

docket:	a0008-14
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	unpublished
citation:
Document Size:	41154