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16 STATE OF NEW JERSEY v. WILBER O. MEJIA-HERNANDEZ -- rank: 677

... 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:	a1022-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-09
status:	Unpublished
citation:
Document Size:	59835

17 STATE OF NEW JERSEY v. RICARDO PEREZ -- rank: 677

... The State submitted an application to the court pursuant to N.J.S.A. 2C:43-6.2 for an exemption from the mandatory minimum term required by ... ERRED, WHEN SENTENCING [DEFENDANT] ON THE PAPERS, BY (1) MISINTERPRETING N.J.S.A. 2C:43-6.2, (2) FAILING TO FIND THREE MITIGATING FACTORS SUBSEQUENTLY FOUND BY ... parole.' N.J.S.A. 2C:43-6(c). However, N.J.S.A. 2C:43-6.2 provides that when a defendant has not been previously convicted ... A decision on a motion to the assignment judge under N.J.S.A. 2C:43-6.2 is not, however, a proceeding during which the sentence is ... N.J. at 394-97. The Court noted that under N.J.S.A. 2C:43-6.2, the assignment judge or designee is authorized to decide if ... the assignment judge or designee has decided the motion under N.J.S.A. 2C:43-6.2, 'the sentencing court, applying N.J.S.A. 2C: ...

docket:	a0459-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-15
status:	unpublished
citation:
Document Size:	61006

18 /usr/local/share/www/libweb/collections/courts/appellate/a5144-18.opn.html -- rank: 671

... 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 to ... 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.S ... 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 DECISION ... 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 already ... 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 clearly what ...

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19 /usr/local/share/www/libweb/collections/courts/appellate/a2840-18.opn.html -- rank: 668

... 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 two ... 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 of ... 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 parole ... 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- 1. Because ... with knowledge of an automatic stay. Our Court has construed N.J.S.A. 2C:43-6.2 and N.J.S.A. 2C:44-1(f)(2 ... analytical framework of choosing between the two alternative sentences under N.J.S.A. 2C:43-6.2 necessarily includes an analysis under N.J.S.A. ...

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20 STATE OF NEW JERSEY v. ELIJAH J. HOLLOWAY -- rank: 662

... from the sentence imposed by the Law Division pursuant to N.J.S.A. 2C:43-6.2 (the Graves Act "escape valve"). We reverse and remand. On ... State filed a motion before the Assignment Judge, pursuant to N.J.S.A. 2C:43-6.2, seeking to exempt defendant from the mandatory three-year term ... harsh." Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:43-6.2 (2015). In State v. Alvarez , 246 N.J. Super. 137 , 145 (App. Div. 1991), we noted that, under N.J.S.A. 2C:43-6.2, the Assignment Judge has the ultimate sentencing responsibility, and has ... these alternatives or options without the prosecutor's consent." Ibid. N.J.S.A. 2C:43-6.2 provides in relevant part: On a motion by the prosecutor ... be made by the Prosecutor to the Assignment Judge (see N.J.S.A. 2C:43-6.2), that responsibility is delegable by the Assignment Judge to ...

docket:	a1265-14
court:	NJ Superior Court Appellate Division
decided:	2015-10-27
status:	unpublished
citation:
Document Size:	24883

21 STATE OF NEW JERSEY v. ALEXANDER A. ANDREWS, -- rank: 662

... 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 ... 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 old ... 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 certain ... imprisonment during which the defendant will be ineligible for parole. [N.J.S.A. 2C:43-6.2.] A-1348-19T1 11 In accordance with Alvarez, defendants may ... 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 parole ... moves for or approves a waiver or reduction pursuant to [N.J.S.A.] 2C:43-6.2,' and the maintenance of '[a] copy of all case- ...

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

22 STATE OF NEW JERSEY v. KEVIN M. LAMBORN -- rank: 659

... prison term with one year of parole ineligibility pursuant to N.J.S.A. 2C:43-6.2, and dismissal of all other charges. Defendant's pre- sentence ... second-degree Graves Act offense to a probationary term under N.J.S.A. 2C:43-6.2 without having first decided, considering 'the character and condition of ...

docket:	a0740-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-25
status:	Unpublished
citation:
Document Size:	24531

23 STATEOF NEW JERSEY v. DEVON R. HAILE-JONES -- rank: 659

... 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 guilty ... 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 court ... 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 to ... 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.J ... 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 prosecutor would ... remanded for resentencing to allow consideration of a waiver under N.J.S.A. 2C:43-6.2 in light of defendant's prior law abiding life. ...

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

24 STATE OF NEW JERSEY v. AL J. DELBRIDGE, JR -- rank: 650

... waiver of the five-year mandatory minimum sentence requirement under N.J.S.A. 2C:43-6.2, was denied. The court found that a conviction under N ... offense is not subject to the 'escape valve' provision of N.J.S.A. 2C:43-6.2. Defendant was sentenced to a five-year term of imprisonment ... disqualification based on its conclusion the 'escape valve' provision of N.J.S.A. 2C:43-6.2 did not apply to a conviction under N.J.S ... with this statute. The Graves Act escape valve provision in N.J.S.A 2C:43-6.2 does not apply to a conviction under N.J.S ...

docket:	a1508-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	36321

25 STATE OF NEW JERSEY v. VIRGINIA THOMAS -- rank: 643

... unlike referrals to presiding judges of Graves Act motions under N.J.S.A. 2C:43-6.2. See State v. Nance , 228 N.J. 378 , 385-86 ...

docket:	a3826-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-17
status:	unpublished
citation:
Document Size:	42774

26 STATE OF NEW JERSEY v. DERRICK S. LEONARD -- rank: 639

... 30, 38 (1994). The Court explained that under enumerated circumstances. N.J.S.A. 2C:43-6.2. The permitted reductions include reducing 'the mandatory minimum term of ...

docket:	a0526-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-03
status:	Unpublished
citation:
Document Size:	28545

27 STATE OF NEW JERSEY v. KURT T. HARRIS -- rank: 628

... or waived altogether, on motion of the prosecutor pursuant to N.J.S.A. 2C:43-6.2. Furthermore, defendant is not categorically ineligible for PTI by reason ... J.S.A. 2C:43-12(g)(3). 7 Under N.J.S.A. 2C:43-6.2, the mandatory sentence can be avoided only upon a prosecutor ...

docket:	a0202-19
court:	NJ Superior Court Appellate Division
decided:	2020-03-31
status:	Unpublished
citation:
Document Size:	39497

28 STATE OF NEW JERSEY v. AARON G. WILLIAMS -- rank: 623

... 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 defendant ... 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 made ... 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 a ...

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

29 STATE OF NEW JERSEY v. JHAVAL D. RANDOLPH -- rank: 612

... of his application for a Graves Act waiver pursuant to N.J.S.A. 2C:43-6.2, defendant was sentenced to concurrent five-year prison terms, each ... 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 ... Graves Act waiver to permit a reduced sentence pursuant to N.J.S.A. 2C:43-6.2. On March 26, 2019, during oral argument on defendant's ... Graves Act mandatory minimum sentence should be waived pursuant to N.J.S.A. 2C:43-6.2. See Directive to Ensure Uniform Enforcement of 'Graves Act' (Oct ... arbitrary and capricious' rejection of a Graves Act waiver under N.J.S.A. 2C:43-6.2. In support, defendant asserts he was 'only accused of non ... be served by the imposition of a mandatory minimum term. [N.J.S.A. 2C:43-6.2.] courts . . . is bound[] by the proofs and objections critically ...

docket:	a0692-19
court:	NJ Superior Court Appellate Division
decided:	2022-07-29
status:	Unpublished
citation:
Document Size:	38306

30 A-0STATE OF NEW JERSEY v. MIKE MAYER a/k/a MAYER MICHEAL MAYER MIKE L, GARCIA MIKE M August 6, 2015 -- rank: 612

... State filed a motion before the Assignment Judge, pursuant to N.J.S.A. 2C:43-6.2, seeking to exempt defendant from the mandatory three-year term ... 6 and defendant shall be placed on probation pursuant to N.J.S.A. 2C:43-6.2." The parties appeared before the sentencing judge on the motion ... ensure certainty of punishment." Ibid. In 1989, the Legislature enacted N.J.S.A. 2C:43-6.2 (the Graves Act "escape valve"). The purpose of the amendment ... Super. 137 , 145 (App. Div. 1991), we noted that, under N.J.S.A. 2C:43-6.2, the Assignment Judge has the ultimate sentencing responsibility, and has ... these alternatives or options without the prosecutor's consent." Ibid. N.J.S.A. 2C:43-6.2 provides in relevant part: On a motion by the prosecutor ...

docket:	a2848-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-03
status:	unpublished
citation:
Document Size:	22742