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106 DOCKET NO. A-1715-09T1 A-1856-09T1 STATE OF NEW JERSEY v. GARY R. MADDOX, a/k/a GARY FOSTER STATE OF NEW JERSEY v. JASON E. MCKINNON a/k/a JASON E. MORRIS -- rank: 679

... beyond the following comments. Although extended terms are ordinarily discretionary, N.J.S.A. 2C:43-6(f) provides in pertinent part: A person convicted of . . . leader ...

docket:	a1715-09
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-08
status:	Published
citation:
Document Size:	186871

107 /usr/local/share/www/libweb/collections/courts/supreme/a1856-09.opn.html -- rank: 679

... beyond the following comments. Although extended terms are ordinarily discretionary, N.J.S.A. 2C:43-6(f) provides in pertinent part: A person convicted of . . . leader ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	185857

108 DOCKET NO. A-1715-09T1 A-1856-09T1 STATE OF NEW JERSEY v. GARY R. MADDOX, a/k/a GARY FOSTER STATE OF NEW JERSEY v. JASON E. MCKINNON a/k/a JASON E. MORRIS -- rank: 679

... beyond the following comments. Although extended terms are ordinarily discretionary, N.J.S.A. 2C:43-6(f) provides in pertinent part: A person convicted of . . . leader ...

docket:	a1856-09
court:	NJ Superior Court Appellate Division
decided:	2013-07-08
status:	unpublished
citation:
Document Size:	184201

109 /usr/local/share/www/libweb/collections/courts/supreme/a1715-09.opn.html -- rank: 679

... beyond the following comments. Although extended terms are ordinarily discretionary, N.J.S.A. 2C:43-6(f) provides in pertinent part: A person convicted of . . . leader ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	185857

110 STATE OF NEW JERSEY v. D.C. -- rank: 676

... imposition of the special sentence of parole supervision for life, N.J.S.A. 2C:43-6.4(a), upon the State's motion following his conviction ... State also represented that it would file a motion under N.J.S.A. 2C:43-6.4(a) for the imposition of the special sentence of ... a motion for imposition of parole supervision for life under N.J.S.A. 2C:43-6.4(a). In pertinent part, the statute provides that "a ... the community or deter the defendant from future criminal activity." N.J.S.A. 2C:43-6.4(a). The judge sentenced defendant to a three-year ... and imposed the special sentence of parole supervision for life, N.J.S.A. 2C:43-6.4, setting forth his reasons in a written decision. The ... s motion for imposition of parole supervision for life under N.J.S.A. 2C:43-6.4(a). Defendant appealed his sentence, challenging only the ...

docket:	a3276-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-05
status:	unpublished
citation:
Document Size:	30808

111 STATE OF NEW JERSEY v. FUQUAN WILLIAMS -- rank: 674

... Chances of having the Prosecutor Consent to Amelioration Pursuant to N.J.S.A. 2C:43-6.2 POINT IV: THE JURY VERDICT ON FOURTH-DEGREE RESISTING ... ASSIGNMENT JUDGE FOR EXEMPTION FROM THE GRAVES ACT PURSUANT TO N.J.S.A. 2C:43-6.2 [Partially raised below.] II. Defendant challenges the denial of ... seek an exception from the mandatory minimum at sentencing under N.J.S.A. 2C:43-6.2. However, defendant concedes that there is no explanation in ... imposed the minimum prison sentence for a third-degree offense, N.J.S.A. 2C:43-6(a)(3), and the minimum term of parole ineligibility under the Graves Act, N.J.S.A. 2C:43-6(c). So long as such legislative provisions are "within constitutional ... prosecutorial consent for an exception to the mandatory minimum under N.J.S.A. 2C:43-6.2. 6 However, defendant was offered such an exception ...

docket:	a0646-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	66529

112 /usr/local/share/www/libweb/collections/courts/appellate/a2840-18.opn.html -- rank: 672

... Middlesex County prosecutor seeking a Graves Act waiver pursuant to N.J.S.A. 2C:43-6.2. Defendant explained that he lives with his mother and ... crime, during which the defendant shall be ineligible for parole.' N.J.S.A. 2C:43-6(c). 'To mitigate the undue severity that might accompany the ... the imposition of a mandatory minimum term of imprisonment under . . . [N.J.S.A. 2C:43-6(c)] for a defendant who has not previously been convicted ... imprisonment during which the defendant will be ineligible for parole. [N.J.S.A. 2C:43-6.2.] In accordance with Alvarez, defendants may 'appeal the denial ... s initial plea offer shall agree to move pursuant to [ N.J.S.A.] 2C:43-6.2 for a reduction to a one-year term of ... term stemming from the 'escape valve' of the Graves Act, N.J.S.A. 2C:43-6.2, and not N.J.S.A. 2C:44- ...

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113 J.B. v. New Jersey State Parole Board -- rank: 669

... PSL) or community supervision for life (CSL) sentences pursuant to N.J.S.A. 2C:43-6.4. The parolees are all convicted sex offenders who have ... subject to either PSL or its statutory predecessor, CSL. See N.J.S.A. 2C:43-6.4. As part of the Parole Board’s monitoring, the ...

docket:	A-81-15
court:	NJ Supreme Court
decided:	2017-05-08
status:
citation:	229 N.J. 21 159 A.3d 1267
Document Size:	120348

114 STATE OF NEW JERSEY v. ALEXANDER A. ANDREWS, -- rank: 667

... 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 sentence requirements otherwise embodied in the Graves Act,' N.J.S.A. 2C:43-6(c). State v. Alvarez, 246 N.J. Super. 137, 139 ... waiver of the mandatory minimum Graves Act sentence pursuant to N.J.S.A. 2C:43-6.2. In support, defendant stated he was twenty-seven years ... crime, during which the defendant shall be ineligible for parole.' N.J.S.A. 2C:43-6(c). 'To mitigate the undue severity that might accompany the ... application of the mandatory minimum sentence under the Graves Act,' N.J.S.A. 2C:43-6.2 (Section 6.2) provides 'a limited exception that allows ... the imposition of a mandatory minimum term of imprisonment under . . . [N.J.S.A. 2C:43-6(c)] for a defendant who has not previously been ...

docket:	a1348-19
court:	NJ Superior Court Appellate Division
decided:	2020-06-15
status:	Published
citation:
Document Size:	37277

115 /usr/local/share/www/libweb/collections/courts/appellate/a5144-18.opn.html -- rank: 665

... greater . . . during which the defendant shall be ineligible for parole.' N.J.S.A. 2C:43- 6(c). 'To mitigate the undue severity that might accompany the ... automatic application of the mandatory minimum sentence . . . , the Legislature included [N.J.S.A. 2C:43-6.2], a limited exception that allows certain first-time offenders ... for parole.' Nance, 228 N.J. at 391–92 (quoting N.J.S.A. 2C:43-6.2). However, 'the presumption of incarceration prescribed by N.J ... consideration: A RESENTENCING IS REQUIRED BECAUSE THE ASSIGNMENT JUDGE'S N.J.S.A. 2C:43-6.2 DESIGNEE NEVER MADE THE SUBSTANTIVE PROBATION-OR-PRISON SENTENCING ... has the statutory authority to make such a determination.' (citing N.J.S.A. 2C:43-6.2)). He argues the sentencing judge only implements the choice ... appropriate sentence, but is not bound by that recommendation.' (citing N.J.S.A. 2C:43- 6.2)). We agree with defendant — these principles are ...

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116 STATE OF NEW JERSEY v. HISASHI POMPEY -- rank: 665

... prison, with three years of parole ineligibility as required by N.J.S.A. 2C:43-6(c). 2 The judge granted bail pending appeal. Defendant appeals ... years in prison with one year of parole ineligibility. See N.J.S.A. 2C:43-6.2. 3 We note that the nightclub was near the ...

docket:	a1003-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-09
status:	unpublished
citation:
Document Size:	49131

117 STATEOF NEW JERSEY v. DEVON R. HAILE-JONES -- rank: 662

... State would not consent to a Graves Act waiver under N.J.S.A. 2C:43-6.2. The trial judge asked the prosecutor, 'had he pled ... a forty-two-month period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(c). In reaching that result, the judge stated: Now, obviously ... WITH A ONE YEAR PAROLE-DISQUALIFIER OR PROBATION, PURSUANT TO N.J.S.A. 2C:43-6.2 II. We first address defendant's claim that the ... erred by not considering a Graves Act waiver pursuant to N.J.S.A. 2C:43-6.2, which provides: On a motion by the prosecutor made ... protection.' Cannel, N.J. Criminal Code Annotated, cmt. 2 on N.J.S.A. 2C:43-6.2 (2017) 18 A-5581-15T1 (citing Alvarez, 246 N ... counsel requested the prosecutor petition the assignment judge pursuant to N.J.S.A. 2C:43-6.2 for imposition of a term of probation. The ...

docket:	a5581-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-23
status:	unpublished
citation:
Document Size:	69354

118 STATE OF NEW JERSEY v. IAN P. STEINGRABER -- rank: 662

... move for imposition of parole supervision for life (PSL) under N.J.S.A. 2C:43-6.4. We granted the State's motion for leave to ... with a separate fourth-degree offense for the violation. See N.J.S.A. 2C:43-6.4. Defendant again acknowledged he understood the ramifications of his ... order, the PCR court granted defendant's application. Strictly construing N.J.S.A. 2C:43- - 6.4(a), the PCR court found the statute 'expressly and ... satisfy required presentencing conditions.' Murray, 162 N.J. at 247. N.J.S.A. 2C:43-6.4 requires the State to move for PSL as a ... the community or deter the defendant from future criminal activity. [ N.J.S.A. 2C:43-6.4(a) (2013) (emphasis added). 4] As the PCR court ... 21-4 (e) and (f) 4 The present version of N.J.S.A. 2C:43-6.4(a) still requires a motion of the prosecutor ...

docket:	a3781-19
court:	NJ Superior Court Appellate Division
decided:	2020-12-01
status:	Published
citation:
Document Size:	21198

119 /usr/local/share/www/libweb/collections/courts/trial/j.m.opn.html -- rank: 662

... 1 to -23, and Community Supervision for Life (CSL), 1 N.J.S.A. 2C:43- 6.4(c). The court addresses the novel issue as to ... also barred to seek relief from the CSL obligations of N.J.S.A. 2C:43-6.4. 1 Parole Supervision for Life (PSL) for offenses occurring ... likely to pose a threat to the safety of others. N.J.S.A. 2C:43-6.4(c), pertaining to CSL/PSL mirrors the Megan’s ... requirements of CSL/PSL. All of the offenses enumerated in N.J.S.A. 2C:43-6.4 are offenses which also require registration. However, there are ... S.A. 2C:7-2, and the supervision requirements of N.J.S.A. 2C:43-6.4, are all part of what is commonly referred to ... Incapacitation Act of 1994, L. 1994, c.130, codified as N.J.S.A. 2C:43-6.4(a), provides in part: a judge imposing sentence ...

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120 STATE OF NEW JERSEY v. ISAAC A. YOUNG -- rank: 662

... 9:6-8.10b is limited to eighteen months. See N.J.S.A. 2C:43-6(a)(4). 9 According to Gross, she gave the documents ...

docket:	a1857-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-09
status:	published
citation:	448 N.J.Super. 206 152 A.3d 955
Document Size:	59499