Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 861

... his request for a Graves Act 1 waiver pursuant to N.J.S.A. 2C:43-6.2. That statute 'embodies the so called 'escape valve' to ... in possession of a firearm. P.L. 1981, c. 31. ( N.J.S.A. 2C:43-6(c)). The term 'Graves Act' now refers to all firearms ... 39-4.1 are designated as Graves Act offenses under N.J.S.A. 2C:43-6(c) and carry a mandatory term of parole ineligibility fixed ... waiver of the mandatory minimum Graves Act sentence pursuant to N.J.S.A. 2C:43-6.2. In support of that request, defendant attached character reference ... 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 Actâ ... 7 is not eligible for a Graves Act waiver under N.J.S.A. 2C:43-6.2. A-3586-19T4 7 Considering both its review ...

docket:	a3586-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-25
status:	Published
citation:
Document Size:	111045

17 STATE OF NEW JERSEY v. TONY O. BRINSON -- rank: 840

... term sentence and minimum period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(f). 2 A-3235-15T4 Defendant negotiated a plea agreement ... not to request imposition of an extended term sentence under N.J.S.A. 2C:43-6(f). The record shows the parties understood defendant's conviction ... mandatory extended term sentence and period of parole ineligibility under N.J.S.A. 2C:43-6(f). Prior to the entry of defendant's plea, the ... offense subjected him to a mandatory extended term sentence under N.J.S.A. 2C:43-6(f). Defendant's plea form also shows the parties anticipated ... of parole ineligibility for various offenses. Ibid.; see, e.g., N.J.S.A. 2C:43-6(f) (providing for a mandatory extended term sentence and period ... to a mandatory sentence and period of parole ineligibility under N.J.S.A. 2C:43-6(f) only if the State requested an enhanced sentence. ...

docket:	a3235-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-24
status:	unpublished
citation:
Document Size:	58488

18 State v. Joseph Schubert, Jr. -- rank: 840

... defendant’s offense, plea, and sentence, community supervision for life, N.J.S.A. 2C:43-6.4, one component of a series of laws that are ... remedial, double-jeopardy principles are inapplicable. (pp. 10-11) 3. N.J.S.A. 2C:43-6.4 is punitive. Although the Court previously found that N ... shall notify the defendant of the obligation to register.” N.J.S.A. 2C:43-6.4(a), on the other hand, provided at that time ... for life.” A further indication that the Legislature viewed N.J.S.A. 2C:43-6.4 as punitive is that it is located in the ... context of a plea withdrawal. (pp. 11-16) 4. Because N.J.S.A. 2C:43-6.4 is punitive, the Court must consider whether the trial ... community supervision for life in accordance with the terms of N.J.S.A. 2C:43-6.4. He requested that the trial court review the ...

docket:	A-15-11
court:	NJ Supreme Court
decided:	2012-10-22
status:
citation:	212 N.J. 295 53 A.3d 1210
Document Size:	129800

19 APPROVED FOR PUBLICATION APPELLATE DIVISION v. F.W January 14, 2016 -- rank: 836

... life (CSL) by failing to report to his parole officer, N.J.S.A. 2C:43-6.4(d), and for the third-degree offenses of violating ... defendant's conviction for violating the terms of his CSL, N.J.S.A. 2C:43-6.4(d). His appeal from the eighteen-month prison term ... See L. 1994, c. 130, § 2 (then codified as N.J.S.A. 2C:43-6.4(b)). We perceive no reason why that could not ... current convictions, defendant was criminally prosecuted three times for violating N.J.S.A. 2C:43-6.4(d). At his trial leading to the current appeal ... some helpful background. We begin by considering the CSL statute, N.J.S.A. 2C:43-6.4, as it existed when defendant committed his predicate offenses ... recidivism by defendants convicted of serious sexual offenses." In 1998, N.J.S.A. 2C:43-6.4(b) provided that "[p]ersons serving a special ...

docket:	a1635-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-14
status:	published
citation:	443 N.J.Super. 476 129 A.3d 359
Document Size:	54537

20 STATE OF NEW JERSEY v. KYLE M. GRESAK -- rank: 831

... under the mandatory sentencing provisions of the Graves Act, 1 N.J.S.A. 2C:43-6(c); the offense also is graded as a second-degree ... to dismiss the remaining charge and to move pursuant to N.J.S.A. 2C:43-6.2 for a partial waiver of the Graves Act mandatory ... a memorandum 'to ensure that mandatory prison terms pursuant to N.J.S.A. 2C:43-6(c), the Graves Act, were imposed in accordance with the ... in effect to this day. In 1989, the Legislature enacted N.J.S.A. 2C:43-6.2 '[t]o mitigate the undue severity that might accompany ... term would not serve the interests of justice.' Ibid. Specifically, N.J.S.A. 2C:43-6.2 provides: On a motion by the prosecutor made to ... imposition of a mandatory minimum term. The relief afforded by N.J.S.A. 2C:43-6.2 arises in two ways. The prosecutor can make ...

docket:	a0483-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-08
status:	Unpublished
citation:
Document Size:	54087

21 STATE OF NEW JERSEY v. CHARLES BOND -- rank: 824

... on parole. The document stated: I understand that pursuant to N.J.S.A. 2C:43-6.4 my sentence includes a special sentence of community supervision ... A. 2C:7-2a, and violating the conditions of CSL, N.J.S.A. 2C:43-6.4, under indictment No. 00-11-1941. Defendant pled guilty ... charged with fourth-degree violation of CSL for such use, N.J.S.A. 2C:43-6.4, under indictment No. 01-05-0954.     Defendant moved to dismiss that indictment, asserting that N.J.S.A. 2C:43-6.4 was unconstitutionally vague and overbroad and was a violation ... GRANTED MR. BOND'S MOTION TO DISMISS THE INDICTMENT BECAUSE N.J.S.A. 2C:43-6.4d IS UNCONSTITUTIONALLY VAGUE. ( U.S. CONST. , AMENDS. IV AND ... S DISCRETION. ( N.J. Const. (1947), Art. III, par. 1).      N.J.S.A. 2C:43-6.4 states, in relevant part: b. The special sentence ...

docket:	a5021-01
court:	njappellate
decided:	2003-12-17
status:	published
citation:	365 N.J.Super. 430 365 N.J. Super. 430
Document Size:	31818

22 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 824

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

23 STATE OF NEW JERSEY v. JOHN A. VICARI -- rank: 819

... month period of parole ineligibility, pursuant to the Graves Act, N.J.S.A. 2C:43-6(c). Prior to sentencing, defendant, a first-time offender, filed ... as provided by an amendment to the Graves Act. See N.J.S.A. 2C:43-6.2 (Section 6.2). The prosecutor rejected the request, and ... DENYING DEFENDANT'S APPLICATION UNDER THE GRAVES ACT ESCAPE VALVE, N.J.S.A. 2C:43-6.2, AND REMAND FOR RESENTENCING. (Raised Below). Following review, we ... N.J. 161 , 176 (2010). In adopting the Graves Act, N.J.S.A. 2C:43-6(c), the Legislature intended to impose significant mandatory penalties for ... crime, during which the defendant shall be ineligible for parole. [ N.J.S.A. 2C:43-6(c).] The significant punishment imposed by the Graves Act may be mitigated, as provided by an amendment, codified as N.J.S.A. 2C:43-6.2, which: was enacted to authorize "the reduction of ...

docket:	a3887-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-06
status:	unpublished
citation:
Document Size:	51356

24 STATE OF NEW JERSEY v. KASHIF K. PATTERSON -- rank: 819

... convictions despite claims of prosecutorial misconduct. However, we hold that N.J.S.A. 2C:43-6(f) cannot be used to impose an extended term for ... a controlled dangerous substance in 2006. The prosecutor applied under N.J.S.A. 2C:43-6(f) for a mandatory extended term on count three, defendant ... offense is not eligible for a mandatory extended term under N.J.S.A. 2C:43-6(f). Although defendant agreed it was appropriate to grant the ... 10(b)(5). To resolve this issue, we must interpret N.J.S.A. 2C:43-6(f) (Subsection 6(f)). "Because statutory interpretation involves the examination ... or possessing with intent to distribute a controlled dangerous substance." N.J.S.A. 2C:43-6(f). Such a person "shall upon application of the prosecuting ... 1987, c.101 ([ N.J.S.A. ] 2C:35-7)[.] [ N.J.S.A. 2C:43-6(f).] In this list of offenses eligible for a ...

docket:	a2055-10
court:	NJ Superior Court Appellate Division
decided:	2014-05-09
status:	published
citation:	435 N.J.Super. 498 89 A.3d 616
Document Size:	56310

25 STATE OF NEW JERSEY v. CHRISTOPHER HARRIS, -- rank: 812

... an extended term of imprisonment and parole ineligibility pursuant to N.J.S.A. 2C:43-6(f). See infra note 13. A-2256-19 13 violating ... the defendant has previously been convicted of such an offense, N.J.S.A. 2C:43-6(f).13 11 The 'mandatory' minimum sentences prescribed by the ... See N.J.S.A. 2C:35-7(b). 13 N.J.S.A. 2C:43-6(f) prescribes a mandatory extended term of imprisonment that includes ... to apply for or waive an extended term pursuant to N.J.S.A. 2C:43- 6(f). See Directive Implementing Guidelines for Determining Whether to Apply for an Extended Term Pursuant to N.J.S.A. 2C:43-6(f) (Apr. 20, 1992) (Lagares Guidelines); see also Revised Attorney ...

docket:	a2256-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-18
status:	Published
citation:
Document Size:	157525

26 /usr/local/share/www/libweb/collections/courts/appellate/a0068-16a0069-16a0070-16a0071-16corropn.opn.html -- rank: 807

... of their special sentences of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). The State maintains that the trial judges who ... Before defendants allegedly violated their CSL conditions, the Legislature amended N.J.S.A. 2C:43-6.4, effective July 2014 (the 2014 amended law or 2014 ... CSL, which is punitive in nature, as a 'special sentence.' N.J.S.A. 2C:43-6.4(a). The purpose of CSL is to protect the ... CSL is a component of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4, which is also a 4 A-0068-16T1 component ... PSL for individuals convicted of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a). Ibid.; see also J.B. v. N.J ... shall be deemed to be a term of life imprisonment.' N.J.S.A. 2C:43-6.4(b). PSL therefore enhanced the penal exposure of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50366

27 State v. Kevin Jerome Hudson -- rank: 807

... that is subject to a mandatory extended term, pursuant to N.J.S.A. 2C:43-6(f). In that case, the law requiring the mandatory extended ... the maximum period permitted for a third-degree crime, see N.J.S.A. 2C:43-6(a)(3), Hudson remained in the same position he would ... of Criminal Justice (Code) makes available ordinary length sentences, see N.J.S.A. 2C:43-6(a) (establishing ordinary sentencing ranges), as well as various extended ... Code makes some extended-term sentencing mandatory, see, e.g. , N.J.S.A. 2C:43-6(f), other provisions confer a sentencing court with the discretion ... the evolution of mandatory extended-term sentences, see, e.g. , N.J.S.A. 2C:43-6(f), or other developments that bollix the anticipated planning and ... is subject to a mandatory extended term. See, e.g. , N.J.S.A. 2C:43-6(f). In such circumstances, the law requiring the mandatory ...

docket:	A-64-10
court:	NJ Supreme Court
decided:	2012-02-06
status:
citation:
Document Size:	144802

28 /usr/local/share/www/libweb/collections/courts/appellate/a0068-16a0069-16a0070-16a0071-16.opn.html -- rank: 807

... of their special sentences of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). The State maintains that the trial judges who ... Before defendants allegedly violated their CSL conditions, the Legislature amended N.J.S.A. 2C:43-6.4, effective July 2014 (the 2014 amended law or 2014 ... CSL, which is punitive in nature, as a 'special sentence.' N.J.S.A. 2C:43-6.4(a). The purpose of CSL is to protect the ... CSL is a component of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4, which is also a 4 A-0068-16T1 component ... PSL for individuals convicted of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a). Ibid.; see also J.B. v. N.J ... shall be deemed to be a term of life imprisonment.' N.J.S.A. 2C:43-6.4(b). PSL therefore enhanced the penal exposure of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50359

29 State v. Kassey Benjamin -- rank: 805

... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). As a first-time offender, defendant ... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). In this case, defendant was charged ... by the court or three years, whichever is greater.” N.J.S.A. 2C:43-6(c) (2008). Underlying this statute is a legislative intent to ... be served by the imposition of a mandatory minimum term. [ N.J.S.A. 2C:43-6.2.] In other words, an eligible defendant may be sentenced ... 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 approving ... which involved the constitutionality of the prosecutor’s power under N.J.S.A. 2C:43-6(f) to seek a mandatory extended term 5 for ...

docket:	A-43-15
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:	228 N.J. 358 157 A.3d 427
Document Size:	73914

30 State v. Kassey Benjamin -- rank: 805

... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). As a first-time offender, defendant ... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). In this case, defendant was charged ... by the court or three years, whichever is greater.” N.J.S.A. 2C:43-6(c) (2008). Underlying this statute is a legislative intent to ... be served by the imposition of a mandatory minimum term. [ N.J.S.A. 2C:43-6.2.] In other words, an eligible defendant may be sentenced ... 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 approving ... which involved the constitutionality of the prosecutor’s power under N.J.S.A. 2C:43-6(f) to seek a mandatory extended term 5 for ...

docket:	a_43_15
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	73759