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151 /usr/local/share/www/libweb/collections/courts/appellate/a5715-12a0479-13a0715-13.opn.html -- rank: 629

... pursuant to the plea agreement. As we have determined that N.J.S.A. 2C:43-6.2 (the "escape valve" statute) provides for judicial discretion, we ... same arguments: point I pursuant to the plain language of N.J.S.A. 2C:43-6.2, and this court's opinion in state v. ginty ... ineligibility term of one year. 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). In 1989, the Legislature enacted N.J.S.A. 2C:43-6.2. The purpose of the amendment was to allow the ... a one-year ineligibility term is to be imposed" under N.J.S.A. 2C:43-6.2. See State v. Mastapeter , 290 N.J. Super. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	29718

152 STATE OF NEW JERSEY v. DAVID F. HOHSFIELD -- rank: 629

... State v. Hester, 233 N.J. 381, 386 (2018) (quoting N.J.S.A. 2C:43-6.4). In 2003, the Legislature amended N.J.S.A. 2C:43-6.4 (the 2003 amendment) and retroactively replaced all references to ... the State Parole Board for life. Id. at 441 (quoting N.J.S.A. 2C:43-6.4). In addition, the statute permitted a PSL violation to be prosecuted as a fourth-degree offense, N.J.S.A. 2C:43-6.4(d), or as a parole violation, N.J.S.A. 2C:43-6.4(b).2 In 2009, defendant pleaded guilty to third ... was punishable by no more than eighteen months in prison. N.J.S.A. 2C:43-6(a)(4). A-0979-18T2 3 We affirmed the ...

docket:	a0979-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-20
status:	Unpublished
citation:
Document Size:	18632

153 STATE OF NEW JERSEY v. DEMETRIUS J. HARRISON -- rank: 629

... of his special sentence to community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). He had previously pled guilty to an amended ... judgment of conviction (JOC) for his third-degree conviction of N.J.S.A. 2C:43-6.4(d) and the imposition of PSL. We reverse. In ... in prison and to a special sentence of CSL under N.J.S.A. 2C:43-6.4 (prior to amendment). On February 20, 2013, defendant signed ... use of alcohol. Effective July 1, 2014, the Legislature amended N.J.S.A. 2C:43-6.4(a) and (d) (the 2014 amendment), to upgrade a ... of third-degree violation of the conditions of his CSL, N.J.S.A. 2C:43-6.4(d), for conduct alleged to have occurred in August ... of third-degree violations of the conditions of his CSL, N.J.S.A. 2C:43-6.4(d), for conduct alleged to have occurred in ...

docket:	a1021-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-23
status:	unpublished
citation:
Document Size:	14856

154 State v. Keith V. Cuff -- rank: 629

... kidnapping faces a term of five to ten years’ incarceration, N.J.S.A. 2C:43-6(a)(2). 18 As the parties agree, the trial courtâ ... imprisonment. N.J.S.A. 2C:13-1(c)(1); N.J.S.A. 2C:43-6(a)(2). Defendant was sentenced to two consecutive twenty-three ...

docket:	a-79-17
court:	NJ Supreme Court
decided:	2019-08-06
status:
citation:	--- A.3d ----
Document Size:	94982

155 STATE OF NEW JERSEY v. NESTOR BALBI, -- rank: 629

... a drug-related crime, 1 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). A-0682-18T3 2 N.J.S.A. 2C ... the indictment], the State move for a waiver pursuant to N.J.S.A. 2C:43-6.2 to reduce the parole ineligibility period to one year ... REASONS FOR REFUSING DEFENDANT'S REQUEST FOR A WAIVER UNDER N.J.S.A. 2C:43-6.2 OF THE MANDATORY MINIMUM SENTENCE FOR A GRAVES ACT ... him to the mandates of the Graves Act. Accordingly, under N.J.S.A. 2C:43- 6(c), the sentencing court was compelled to impose a parole ... mandatory minimum sentence under the Graves Act, [as provided under N.J.S.A. 2C:43-6.2],' State v. Benjamin, 228 N.J. 358, 368 ( ...

docket:	a0682-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-29
status:	Unpublished
citation:
Document Size:	33231

156 STATE OF NEW JERSEY v. HAROLD MILLER -- rank: 629

... a forty-two-month period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(f) on the CDS count, a concurrent five-year prison ... rendering him subject to a mandatory extended term pursuant to N.J.S.A. 2C:43-6(f) 14 A-0748-16T2 With respect to the CDS ... mandatory extended term with parole ineligibility was imposed pursuant to N.J.S.A. 2C:43-6(f). The judge found aggravating factor five applied because 'there ... intent to distribute, shall be sentenced to an extended term. N.J.S.A. 2C:43-6(f). The judge sentenced defendant to a seven-year term ... imposed by the court or three years, whichever is greater,' N.J.S.A. 2C:43-6(f). Because the court determines the length of the extended ...

docket:	a0748-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-14
status:	unpublished
citation:
Document Size:	90273

157 STATE OF NEW JERSEY v. SHURQUAN SWEET -- rank: 629

... minimum parole disqualifier of forty-two months is required. See N.J.S.A. 2C:43-6(c). However, a provision in the Graves Act, N.J.S.A. 2C:43-6.2 (waiver provision), authorizes the State to move before the ... defendant asserts the following for our consideration: POINT I – N.J.S.A. 2C:43-6.2 PERMITS THE IMPOSITION OF A PROBATIONARY SENTENCE WITHOUT THE ... mandatory minimum term of imprisonment under (a) subsection c. of [ N.J.S.A. ] 2C:43-6 for a defendant who has not previously been convicted of ... imprisonment during which the defendant will be ineligible for parole. [ N.J.S.A. 2C:43-6.2.] After filing his appeal, our Supreme Court affirmed in ... as the assignment judge's designee) has the authority under N.J.S.A. 2C:43-6.2 to decide whether a defendant shall receive a ...

docket:	a2190-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-27
status:	unpublished
citation:
Document Size:	18464

158 STATE OF NEW JERSEY v. BRIAN L. BRADY -- rank: 627

... a government agency, and the mandatory minimum sentence required under N.J.S.A. 2C:43-6.5 for second degree official misconduct. Defendant filed a cross ... terms of imprisonment required under 2C:20-25(h) and N.J.S.A. 2C:43-6.5. On defendant's cross-appeal, we conclude the State ... A. 2C:20- 12 A-3172-14T4 25(h) and N.J.S.A. 2C:43-6.5 required the trial court to impose a mandatory minimum ... there be other victims of the crime. [Ibid. (emphasis added).] N.J.S.A. 2C:43-6.5 provides, in relevant part: [A] person who serves or ... carries a term of imprisonment between five to ten years. N.J.S.A. 2C:43-6(a)(2). A second degree crime carries a presumption of ... or reducing the mandatory minimum sentence that would otherwise apply. [ N.J.S.A. 2C:43-6.5(c)(2) (emphasis added).] After reviewing the numerous ...

docket:	a3172-14
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	38504

159 STATE OF NEW JERSEY v. C.S. -- rank: 627

... 2 and the special sentence of community supervision for life, N.J.S.A. 2C:43-6.4 (2003).3 . On direct appeal, we affirmed defendant's ... 7-1 to -23. 3 When defendant committed the offenses, N.J.S.A. 2C:43-6.4 provided for imposition of the special sentence of community ... conviction of offenses enumerated in subsection (a) of the statute. N.J.S.A. 2C:43-6.4 was amended, effective on January 1, 2004, and thereafter ...

docket:	a4628-15
court:	NJ Superior Court Appellate Division
decided:	2018-11-02
status:	Unpublished
citation:
Document Size:	25834

160 /usr/local/share/www/libweb/collections/courts/appellate/a5418-14.opn.html -- rank: 625

... of his special sentence to community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d), and he was sentenced to time already served ... s Law requirements, and a special sentence of CSL under N.J.S.A. 2C:43-6.4 (prior to amendment). At the time of defendant's ... 1994, c. 130. Effective July 1, 2014, the Legislature amended N.J.S.A. 2C:43-6.4(a) and (d) (the 2014 amendment), to upgrade a ... degree violation of the conditions of his CSL, contrary to N.J.S.A. 2C:43-6.4(d). Specifically, defendant admitted to using a computer or ... of motion to sentence prior to the 2014 amendment to N.J.S.A. 2C:43-6.4[(d)]," and argued that, as applied to him, the ... 1, 2015, the court held that the "2014 amendments to N.J.S.A. 2C:43-6.4 are not an ex post facto law as ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	12810

161 Jamgochian v. New Jersey State Parole Board -- rank: 625

... S.A. 2C:7-2, and community supervision for life, N.J.S.A. 2C:43-6.4 (prior to 2003 amendment). 1 The day before his ... J.S.A. 30:4-123.65]. [ Ibid. (codified at N.J.S.A. 2C:43-6.4).] Footnote 2 The form that Jamgochian signed contained the ... fairness are co-extensive. Footnote 10 We again note that N.J.S.A. 2C:43-6.4 now refers to community-supervised-for-life offenders as ...

docket:	a-63-07
court:
decided:	2008-08-06
status:
citation:	196 N.J. 222 952 A.2d 106
Document Size:	125708

162 STATE OF NEW JERSEY v. AL J. DELBRIDGE, JR -- rank: 622

... 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 ... 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 ... 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 ... 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 ... 2) and (b)(3), but not subsection (b)(1). See N.J.S.A. 2C:43-6(c); see also State v. Nance, 228 N.J. 378 ...

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

163 /usr/local/share/www/libweb/collections/courts/appellate/a3357-14a3395-14.opn.html -- rank: 622

... year period of parole ineligibility pursuant to the Graves Act, N.J.S.A. 2C:43-6, each on counts three and five. As to Wilson, the ... his sentencing exposure was from ten years' imprisonment to life. N.J.S.A. 2C:43-6(a)(1); N.J.S.A. 2C:43-7(a ... a first-degree crime is between ten and twenty years, N.J.S.A. 2C:43-6(a)(1), and the extended 43 A-3357-14T2 In ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	85745

164 C.A.L. AND C.T. VS. STATE OF NEW JERSEY, ET AL. -- rank: 622

... the requirements of Megan's Law which included PSL under N.J.S.A. 2C:43-6.4(a). Since C.A.L.'s five-year term ...

docket:	a0571-23
court:	appellate
decided:	2024-06-17
status:	Unpublished
citation:
Document Size:	36352

165 IN THE MATTER OF REGISTRANT H.D. -- rank: 622

... sentenced to community supervision for life (CSL) as required by N.J.S.A. 2C:43-6.4(a), the Violent Predator Incapacitation Act (VPIA), 'enacted as ... in 2017, and additionally moved to terminate CSL pursuant to N.J.S.A. 2C:43-6.4(c), which states: 1 'The Legislature subsequently amended the ... a different result regarding termination of CSL. He concluded that N.J.S.A. 2C:43-6.4(c) was 'unlike the statute that governs Megan's ... State argues the Legislature's use of different language in N.J.S.A. 2C:43-6.4(c), specifically, that the applicant remain offense free for ... registration requirements, he nonetheless terminated H.D.'s CSL under N.J.S.A. 2C:43- 6.4(c), finding that he had remained offense free for ... specifically found support for our conclusion in the language of N.J.S.A. 2C:43-6.4(c), 'adopted contemporaneously with Megan's Law.' Id. ...

docket:	a5321-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-07
status:	Published
citation:	457 N.J.Super. 205 198 A.3d 1007
Document Size:	32709