Search Rutgers Law Library N.J. Court Opinions

46 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status:	unpublished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

47 STATE OF NEW JERSEY v. QUASHAWN HARRIS -- rank: 553

... period of parole ineligibility for certain firearm-related offenses. Under N.J.S.A. 2C:43-6.2, upon request of the State, or at the sentencing court ... request to be sentenced under the 'escape valve provision of N.J.S.A. 2C:43-6.2, 'the defendant may [appeal the denial of the waiver] by ... discriminatory.' Cannel, N.J. Criminal Code Annotated, cmt. 2 on N.J.S.A. 2C:43-6.2 (2019) (citing State v. Mastapeter, 290 N.J. Super. 56 ...

docket:	a5703-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-28
status:	Unpublished
citation:
Document Size:	21034

48 STATE OF NEW JERSEY v. AMBER LYNN SPURLIN -- rank: 551

... and ask the judge to impose a sentence pursuant to N.J.S.A. 2C:43-6.2 of three years imprisonment with a one-year period of ... the judge is free to impose any sentence permitted by N.J.S.A. 2C:43-6.2. 3 Reversed and remanded. We do not retain jurisdiction. 1 ... 43-6(c) from thirty-six to forty-two months. N.J.S.A. 2C:43-6.2, the so-called Graves Act "escape valve," provides in pertinent ... Such a construction is contrary to the plain language of N.J.S.A. 2C:43-6.2, as well as the AG's Directive, which clearly authorizes ...

docket:	a3902-14
court:	NJ Superior Court Appellate Division
decided:	2015-11-23
status:	unpublished
citation:
Document Size:	23088

49 STATE OF NEW JERSEY v. SAHIL KULGOD -- rank: 548

... year NERA term for the second- degree vehicular homicide. See N.J.S.A. 2C:43-6.2(a)(2) (the ordinary term for a second-degree crime ...

docket:	a2151-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-04
status:	Unpublished
citation:
Document Size:	35840

50 STATE OF NEW JERSEY v. WILLIE E. GRADY 3RD -- rank: 546

... prescribed forty -two- month period of parole ineligibility pursuant to N.J.S.A. 2C:43-6.2. A-1761-21 2 been cut off by another motorist ...

docket:	a1761-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-12
status:	Unpublished
citation:
Document Size:	27872

51 STATE OF NEW JERSEY v. THOMAS G. LAHART -- rank: 544

... 2015 order denying his application for a Graves Act waiver, N.J.S.A. 2C:43-6.2,1 and from the same judge's order of June ... PLEA THAT ENTITLED THOMAS LAHART AT SENTENCING TO A 1 N.J.S.A. 2C:43-6.2 provides: On a motion by the prosecutor made to the ... Graves-waiver issue is raised. We see no provision in N.J.S.A. 2C:43-6.2, as interpreted by the Nance Court, that allows 'partial waivers ...

docket:	a4993-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-18
status:	unpublished
citation:
Document Size:	32947

52 STATE OF NEW JERSEY v. KURT T. HARRIS -- rank: 521

... guilty plea, the State will file a motion pursuant to N.J.S.A. 2C:43-6.2 to waive the forty-two-month period of parole ineligibility ...

docket:	a1463-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-19
status:	Unpublished
citation:
Document Size:	42909

53 STATE OF NEW JERSEY v. SADIQUA N. MITCHELL -- rank: 516

... noncustodial probationary term consistent with the Graves Act waiver statute, N.J.S.A. 2C:43-6.2. The Criminal Division presiding judge granted the waiver and the ... at 199, we note the waiver provision set forth in N.J.S.A. 2C:43-6.2,2 was not yet enacted when the Court decided Vasquez ...

docket:	a1913-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-24
status:	Unpublished
citation:
Document Size:	17447

54 STATE OF NEW JERSEY v. JAMES J. SCARBOROUGH -- rank: 507

... COMPLETELY FAILED TO CONSIDER REDUCING THE PAROLE MANDATORY MINIMUM UNDER N.J.S.A. 2C:43-6.2; ALTERNATIVELY, SCARBOROUGH SHOULD BE PERMITTED TO FILE A MOTION UNDER ... lenient sentence than the Graves Act would ordinarily require. See N.J.S.A. 2C:43-6.2. We note that the Prosecutor's Office did initially extend ... to file a motion with the Assignment Judge pursuant to N.J.S.A. 2C:43-6.2 supporting imposition of a one-year period of parole ineligibility ...

docket:	a5423-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	22340

55 STATE OF NEW JERSEY v. PETER R. ROBINSON -- rank: 503

... OF EXEMPTION FROM APPLICATION OF THE GRAVES ACT PURSUANT TO N.J.S.A. 2C:43-6.2. I In Point I of his brief, defendant argues that ... a mandatory term "does not serve the interests of justice . . ." N.J.S.A. 2C:43-6.2. We cannot conclude that the State's failure to agree ...

docket:	a0280-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-23
status:	unpublished
citation:
Document Size:	35913

56 STATE OF NEW JERSEY v. EDWIN NIEVES -- rank: 496

... two month parole ineligibility term, on motion by the prosecutor. N.J.S.A. 2C:43-6.2 provides, in pertinent part: On a motion by the prosecutor ... imprisonment during which the defendant will be ineligible for parole. [N.J.S.A. 2C:43-6.2.] Pursuant to a plea agreement, defendant pled guilty to one ... mandatory period of parole ineligibility under the Graves Act. See N.J.S.A. 2C:43-6.2. 2 A-1652-17T3 to file a Graves Act waiver motion, pursuant to N.J.S.A. 2C:43- 6.2, and agreed to a sentence of five years in prison ...

docket:	a1652-17
court:	NJ Superior Court Appellate Division
decided:	2018-04-26
status:	unpublished
citation:
Document Size:	17537

57 STATE OF NEW JERSEY v. WARREN W. WILLIAMS -- rank: 494

... to commit, or fleeing after the commission of certain crimes. N.J.S.A. 2C:43-6.2 authorizes a prosecutor to move before the assignment judge for ...

docket:	a0109-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-04
status:	unpublished
citation:
Document Size:	36226

58 STATE OF NEW JERSEY v. BRENDON M. JAMES -- rank: 492

... Act from the vicinage's Assignment Judge, as provided in N.J.S.A. 2C:43-6.2. Defendant raised the issue with his attorney for the first time after entering into a negotiated plea. Finally, although N.J.S.A. 2C:43-6.2 authorizes the prosecutor to refer a case to the Assignment ...

docket:	a0656-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-17
status:	Unpublished
citation:
Document Size:	29220

59 STATE OF NEW JERSEY v. JAMAR WATSON, -- rank: 492

... the Assignment Judge for an "escape valve" hearing, pursuant to N.J.S.A. 2C:43-6.2.     Defendant was sentenced to five years in the custody of ... applied, defense counsel made a Graves Act "escape valve" application. N.J.S.A. 2C:43-6.2 provides that where a defendant has not been previously convicted ...

docket:	a6360-99
court:	njappellate
decided:	2002-01-16
status:	published
citation:	346 N.J. Super. 521
Document Size:	42902

60 /usr/local/share/www/libweb/collections/courts/appellate/a4970-15a5531-15.opn.html -- rank: 485

... filed a motion for a Graves Act waiver pursuant to N.J.S.A. 2C:43-6.2, which was granted by the assignment judge's designee, the ... State also argues that the sentence was illegal pursuant to N.J.S.A. 2C:43-6.2 and N.J.S.A. 2C:44-1(d) because ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	23395