Search Rutgers Law Library N.J. Court Opinions

211 State v. David Bass -- rank: 590

... 15-1(b) (defining armed robberies as first-degree offenses); N.J.S.A. 2C:43-6(a)(1) (setting base sentences for first-degree crimes at ...

docket:	A-118-13
court:	NJ Supreme Court
decided:	2016-03-07
status:
citation:	224 N.J. 285 132 A.3d 1207
Document Size:	160370

212 /usr/local/share/www/libweb/collections/courts/appellate/a4628-19.opn.html -- rank: 587

... terminate his obligations under Community Supervision for Life (CSL), 1 N.J.S.A. 2C:43-6.4, and the Registration and Community Notification Law, N.J ... of proof on registrants seeking to be terminated from PSL. N.J.S.A. 2C:43-6.4(c) (2004). In this case, registrant was not subjected ... of N.J.S.A. 2C:7-2(f) and N.J.S.A. 2C:43-6.4(c). On February 3, 2020, registrant filed a motion ... forms; and the same order was entered in reliance upon N.J.S.A. 2C:43-6.4 which, as applied to registrant, was an ex post ...

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213 /usr/local/share/www/libweb/collections/courts/appellate/a3430-17.opn.html -- rank: 587

... 130 (1984) (applying the sentencing provisions of the Graves Act, N.J.S.A. 2C:43-6(c), to accomplices who did not use or possesses firearms ...

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214 STATE OF NEW JERSEY v. AARON G. WILLIAMS -- rank: 587

... would normally carry a three-year mandatory minimum sentence under N.J.S.A. 2C:43-6(c). However, in the plea colloquy, the parties agreed that ... in prison with only one year of parole ineligibility under N.J.S.A. 2C:43-6.2. At the plea hearing, Judge DeAvila-Silebi asked if ... aggravating factors, the sentencing court imposed five years of probation. N.J.S.A. 2C:43-6.2 provides that [o]n a motion by the prosecutor ... 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 ... Div. 2015) (slip op. at 8), we recently held that N.J.S.A. 2C:43-6.2 "vests discretion with the sentencing judge to impose either ...

docket:	a3655-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-07
status:	unpublished
citation:
Document Size:	70444

215 /usr/local/share/www/libweb/collections/courts/appellate/a1136-17.opn.html -- rank: 587

... the ground.' The State further argued that the Graves Act, N.J.S.A. 2C:43-6(c), applied to possession of a weapon for an unlawful ... ineligibility pursuant to the Graves Act A-1136-17T4 11 N.J.S.A. 2C:43-6(c), for the possession of a weapon for an unlawful ... undertake an independent review of the evidence as required by N.J.S.A. 2C:43-6(d)(1) before imposing the parole- bar pursuant to the ... purpose under N.J.S.A. 2C:39-4(a). N.J.S.A. 2C:43-6(c). At a separate hearing, which may occur at the ... also consider the presentence report and any other relevant information. [N.J.S.A. 2C:43-6(d)(1).] 'All relevant material, not only that placed before ...

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216 STATE OF NEW JERSEY v. JOSEPH SCHUBERT, JR -- rank: 585

... conviction imposing com­munity supervision for life (CSL) pursuant to N.J.S.A. 2C:43-6.4. We now reverse the denial of PCR and the ... should have included a special sentence of CSL pursuant to N.J.S.A. 2C:43-6.4a. A copy of that letter was sent to defendant ... AND DID NOT SUBJECT HIM TO THE "PAROLE" PROVISIONS OF N.J.S.A. [2C:43-6.4], AND THE APPLICATION OF THIS STATUTE AS AMENDED IN ... C. 10A:71-6.11(a) (stating "[p]ursuant to [ N.J.S.A. ] 2C:43-6.4(a), any enumerated offense committed prior to January 14 ... required to include a special sentence of [CSL] pursuant to N.J.S.A. 2C:43-6.4' because [the] defendant had committed his sexual offense after ...

docket:	a1110-09
court:	NJ Superior Court Appellate Division
decided:	2010-10-14
status:	unpublished
citation:
Document Size:	51698

217 STATE OF NEW JERSEY v. KASSEY BENJAMIN -- rank: 585

... 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 ... prior Graves Act case waivers. 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). The "escape valve" provision of N.J.S.A. 2C:43-6.2 states: that where a defendant has not been previously ... 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 ... 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 ...

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

218 /usr/local/share/www/libweb/collections/courts/appellate/a2286-18.opn.html -- rank: 585

... him a mandatory extended term pursuant to the Graves Act, N.J.S.A. 2C:43-6(c). For the reasons that follow, we reverse each of ... impose an extended term upon him under the Graves Act, N.J.S.A. 2C:43-6(c). The jury on count five found Chisolm guilty of ... that is within the scope of the Graves Act. See N.J.S.A. 2C:43-6(c); see also State v. Soto, 385 N.J. Super ...

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219 G.D. v. Bernard Kenny and The Hudson County Democratic Organization, Inc. -- rank: 583

... for a second-degree crime is five to ten years. N.J.S.A. 2C:43-6(a)(2). A flat term indicates that the sentence is ...

docket:	a-85-09
court:	New Jersey Supreme Court
decided:	2011-01-31
status:
citation:	205 N.J. 275 15 A.3d 300
Document Size:	158272

220 STATE OF NEW JERSEY v. WILLIAM SMULLEN -- rank: 583

... also be placed on community supervision for life pursuant to N.J.S.A. 2C:43-6.4. Because defendant travelled from New York to this state ... defendant on community supervision for life, as provided for in N.J.S.A. 2C:43-6.4. Defendant did not file a direct appeal challenging any ... ramifications of being placed on community supervision for life under N.J.S.A. 2C:43-6.4. The record of the plea hearing reflects the trial ... attorney did not discuss with him the specific requirements under N.J.S.A. 2C:43-6.4 during plea negotiations, including whether, as a New York ... J. 129 , 139-40 (2009). Community supervision for life under N.J.S.A. 2C:43-6.4 has long been considered a punitive consequence of a ... been aware of the penal consequences defendant was facing under N.J.S.A. 2C:43-6.4, as well as how they would affect defendant ...

docket:	a0722-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-15
status:	published
citation:	437 N.J.Super. 102 96 A.3d 317
Document Size:	33310

221 IN THE MATTER OF W.W -- rank: 583

... Law requirement of Community Supervision for Life (CSL) pursuant to N.J.S.A. 2C:43-6.4(c) because he has been crime free for over ... CSL special conditions by possessing a Blackberry with internet access, N.J.S.A 2C:43-6.4(d). He was sentenced to county jail for thirty ... order regarding use of an internet capable 1 In 2003, N.J.S.A. 2C:43-6.4 was amended, 'replacing [CSL] with parole supervision for life ... Warren County vicinage, seeking termination of his CSL obligations under N.J.S.A. 2C:43-6.4(c) claiming he 'ha[d] not committed a crime ... CONSTITUTIONALLY PROTECTED BEHAVIOR[.] A. Conditions of Supervision Imposed Pursuant to N.J.S.A. 2C:43-6.4 Are Elements of a Criminal Offense and thus Subject ... was prosecuted to seek termination of his CSL conditions under N.J.S.A. 2C:43-6.4. We take no position whether the CSL conditions ...

docket:	a1718-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-04
status:	Unpublished
citation:
Document Size:	18600

222 STATE OF NEW JERSEY v. DESHAUN P. WILSON -- rank: 580

... term with a minimum period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(f). The judge found aggravating factors three, six, and nine ... J.S.A. 2C:44-1(b)(11). Pursuant to N.J.S.A. 2C:43-6(f), upon application of the prosecutor, the court must sentence ... citations omitted). "Procedurally, when a prosecuting attorney makes application under N.J.S.A. 2C:43-6(f), the sole determination for the sentencing court is to ...

docket:	a2097-12
court:	NJ Superior Court Appellate Division
decided:	2015-09-10
status:	unpublished
citation:	442 N.J.Super. 224 121 A.3d 921
Document Size:	92206

223 /usr/local/share/www/libweb/collections/courts/appellate/a2902-14.opn.html -- rank: 580

... s motion for a mandatory extended-term sentence pursuant to N.J.S.A. 2C:43-6(f). After merging counts one and two with count three ... was eligible for a mandatory extended-term sentence pursuant to N.J.S.A. 2C:43-6(f) based on his prior convictions for possession with intent ... He was sentenced to an extended-term sentence pursuant to N.J.S.A. 2C:43-6(f), which provides as follows, in pertinent part A person ... of a person sentenced to an extended term pursuant to . . . [ N.J.S.A. 2C:43-6(f)] . . . the court shall impose a sentence within the ranges ... Accordingly, a defendant sentenced to an extended-term pursuant to N.J.S.A. 2C:43-6(f) may be sentenced for a third-degree crime to ...

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court:	NJ Superior Court Law/Chancery Division
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224 STATE OF NEW JERSEY v. PEDRO SOLER -- rank: 580

... s motion for an extended term of imprisonment pursuant to N.J.S.A. 2C:43-6.4(e), and N.J.S.A. 2C:44-3 ... that defendant was eligible for an extended term pursuant to N.J.S.A. 2C:43-6.4(e). That statute provides: "A person who, while serving ... was currently serving. The judge also concluded that pursuant to N.J.S.A. 2C:43-6.4(e), a mandatory period of parole ineligibility was required ... judge noted that an extended term was required pursuant to N.J.S.A. 2C:43-6.4(e). "In exercising its authority to impose [a] sentence ... imposed an eighteen-year period of parole ineligibility pursuant to N.J.S.A. 2C:43-6.4(e). We remand the matter to the trial court ... s resumption of the term of parole supervision for life," N.J.S.A. 2C:43-6.4(e), requires a mandatory period of parole ineligibility ...

docket:	a3533-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-30
status:	unpublished
citation:
Document Size:	43945

225 R.R. v. NEW JERSEY STATE PAROLE BOARD -- rank: 580

... the terms of his parole supervision for life (PSL) under N.J.S.A. 2C:43- 6.4, and ordering him to serve a twelve-month term ... of Megan's Law, which 'has its statutory source in N.J.S.A. 2C:43-6.4, the Violent Predator Incapacitation Act.'' 3 State v. R ... L. 2003, c. 267, § 1, eff. Jan. 14, 2004; N.J.S.A. 2C:43-6-4 ('Special sentence of [PSL] imposed on persons convicted of ... of a parole condition. We emphasize in this regard that N.J.S.A. 2C:43-6.4(d) makes it an offense to violate a condition ... to the Board to supervise persons subject to CSL under N.J.S.A. 2C:43-6.4b. Ibid. This Legislative mandate granted the Board authority to ... supervisory scheme.' Id. at 443. R.R.'s argument that N.J.S.A. 2C:43-6.4b violates the separation of powers doctrine lacks merit. ...

docket:	a2236-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-29
status:	Unpublished
citation:
Document Size:	37968