Search Rutgers Law Library N.J. Court Opinions

61 STATE OF NEW JERSEY VS JEFFREY J. MELLO -- rank: 482

... he did not request that the sentence be reviewed under N.J.S.A. 2C:43-6.2, which allows the assignment judge to reduce the mandatory parole ... seek the prosecutor's consent and move for leniency under N.J.S.A. 2C:43-6.2. Like the prosecutor, we do not deprecate the seriousness of ...

docket:	a3706-95
court:	njappellate
decided:	1997-02-11
status:	published
citation:	297 N.J.Super. 452
Document Size:	33430

62 STATE OF NEW JERSEY v. JOHN K. AGYEMANG -- rank: 480

... by a sentencing judge with the approval of the prosecutor, N.J.S.A. 2C:43-6.2 authorizes an assignment judge to grant relief from the mandatory ...

docket:	a4163-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-15
status:	unpublished
citation:
Document Size:	42183

63 STATE OF NEW JERSEY v. LEONARD K. COLEMAN -- rank: 480

... two months of parole ineligibility pursuant to the Graves Act, N.J.S.A. 2C: 43-6.2. This appeal followed. On appeal, defendant raises the following overlapping ...

docket:	a4665-17
court:	NJ Superior Court Appellate Division
decided:	2021-02-16
status:	Unpublished
citation:
Document Size:	34038

64 STATE IN THE INTEREST OF E.S. -- rank: 473

... 2 By analogy, we refer to motions by defendants under N.J.S.A. 2C:43-6.2 seeking relief from a prosecutor's 'patent and gross abuse ...

docket:	a3559-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-13
status:	Published
citation:
Document Size:	35717

65 /usr/local/share/www/libweb/collections/courts/appellate/a0533-20.opn.html -- rank: 464

... of his petition for a Graves Act waiver pursuant to N.J.S.A. 2C:43-6.2, 'which embodies the so called 'escape valve' to the mandatory ... SHOULD REVERSE THE ARBITRARY AND DISPARATE DENIAL OF DEFENDANT'S N.J.S.A. 2C:43-6.2 APPLICATION FOR A WAIVER OF A 3.5-YEAR MINIMUM ... be served by the imposition of a mandatory minimum term. [N.J.S.A. 2C:43-6.2.] '[W]ritten guidelines exist to channel prosecutorial discretion' in evaluating ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	12854

66 STATE OF NEW JERSEY v. AMR M. ELSOBKY -- rank: 464

... agreement, the remaining charges were dismissed, the prosecutor moved under N.J.S.A. 2C:43-6.2 to waive the mandatory prison term required by N.J ...

docket:	a5222-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-01-30
status:	Published
citation:
Document Size:	44746

67 STATE OF NEW JERSEY v. JOHN W. AMATO -- rank: 458

... the partial Graves Act waiver under the "escape valve" statute. N.J.S.A. 2C:43-6.2. Defendant moved three times for a Graves Act waiver from ... the judge is free to impose any sentence permitted by N.J.S.A. 2C:43-6.2. Ibid. Because the trial court believed it had no discretion ... S. Ct. 1602 , 16 L. Ed.2d 694 (1966). 4 " N.J.S.A. 2C:43-6.2 provides that where a defendant has not been previously convicted ...

docket:	a5227-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-28
status:	unpublished
citation:
Document Size:	33777

68 STATE OF NEW JERSEY v. PAUL WOZNICA -- rank: 453

... To File A Meritorious Escape Valve Application In Accordance With N.J.S.A. 2C:43-6.2 Prejudiced The Defendant. C. Sentencing Counsel Provided Ineffective Assistance Of ... 68 (1983).] We have noted that the Graves Act, specifically N.J.S.A. 2C:43-6.2, provides a so-called "'escape valve' for the extraordinary cases ... Super. 137 , 145 (App. Div. 1991). We also have stated: N.J.S.A. 2C:43-6.2 provides that the prosecutor may make a motion before the ...

docket:	a2855-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-28
status:	unpublished
citation:
Document Size:	44830

69 STATE OF NEW JERSEY v. A.M.S. -- rank: 451

... Salem County Prosecutor's Office and defense counsel pursuant to N.J.S.A. 2C:43-6.2, the vicinage's Presiding Judge of the Criminal Division 4 ... receipt of the criminal division manager's recommendation." 4 Under N.J.S.A. 2C:43-6.2, only the vicinage's Assignment Judge has the legal authority ...

docket:	a3669-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-27
status:	unpublished
citation:
Document Size:	25118

70 STATE OF NEW JERSEY v. WILBUR MOUNT -- rank: 444

... not be served by the imposition of a mandatory minimum. [ N.J.S.A. 2C:43-6.2 (emphasis added).] A prosecutor's discretion to recommend a Graves ...

docket:	a5323-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-23
status:	Unpublished
citation:
Document Size:	18074

71 STATE OF NEW JERSEY v. TROY L. BAILEY -- rank: 439

... counts and also agreed to a Graves Act waiver pursuant N.J.S.A. 2C:43-6.2, reducing the mandatory minimum period of parole ineligibility from forty ...

docket:	a2336-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-18
status:	Unpublished
citation:
Document Size:	47393

72 /usr/local/share/www/libweb/collections/courts/appellate/a4875-17.opn.html -- rank: 428

... EXCEPTION TO THE MANDATORY MINIMUM WHICH IS IN OPPOSITION TO N.J.S.[A.] 2C:43-6.2 A-4875-17T4 5 We address only the first claim ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	19807

73 STATE OF NEW JERSEY v. SHARIFF H. ROBINSON -- rank: 428

... three years of parole ineligibility pursuant to the Graves Act, N.J.S.A. 2C:43-6.2. The sentences on the remaining counts were concurrent. At trial ...

docket:	a0626-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-01
status:	unpublished
citation:
Document Size:	53305

74 STATE OF NEW JERSEY v. EDWARD BEJARANO -- rank: 426

... of parole ineligibility pursuant to a Graves Act waiver under N.J.S.A. 2C:43-6.2. The waiver reduced the mandatory minimum sentence on the unlawful ...

docket:	a2163-20
court:	NJ Superior Court Appellate Division
decided:	2022-09-23
status:	Unpublished
citation:
Document Size:	31947

75 STATE OF NEW JERSEY v. DARIUS A. BLOUNT -- rank: 421

... capricious or unduly discriminatory in not seeking a waiver under N.J.S.A. 2C:43-6.2, the "escape valve" provision of the Graves Act. See State ...

docket:	a0170-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-05
status:	unpublished
citation:
Document Size:	19571