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1 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 1000

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .'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status:	Unpublished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

2 STATE OF NEW JERSEY v. BRIAN RICE -- rank: 832

... with a three-year period of parole ineligibility pursuant to N.J.S.A. 2C:43-6.5(a). The judge sentenced defendant to a concurrent nine-month ... five-year period of parole ineligibility was mandatory pursuant to N.J.S.A. 2C:43-6.5(a). That statute provides: [E]xcept as otherwise provided in ... Ibid. ] Official misconduct is a crime listed in subsection (b). N.J.S.A. 2C:43-6.5(b)(17). Therefore, the State contends the appropriate sentence should ... imprisonment with a five-year period of parole ineligibility. However, N.J.S.A. 2C:43-6.5(c)(2) provides that "[i]f the court finds by ... judge not impose any period of parole ineligibility pursuant to N.J.S.A. 2C:43-6.5(c)(2). The judge found aggravating factors three (the risk ... State's appeal. After weighing the sentencing factors, referring to N.J.S.A. 2C:43-6.5(c)(2) and "the full wrath of th[at] ...

docket:	a3777-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-16
status:	published
citation:	425 N.J. Super. 375 41 A.3d 764
Document Size:	80578

3 STATE OF NEW JERSEY v. EMIL F. HANNA -- rank: 765

... the five-year mandatory period of parole ineligibility required by N.J.S.A. 2C:43-6.5(b); and denied defendants' cross- appeals challenging the imposed sentences ... JUDGE FAILED TO IMPOSE THE MANDATORY PAROLE DISQUALIFIER REQUIRED BY N.J.S.A. 2C:43-6.5[(b)] AND FAILED TO APPLY THE PROPER STANDARD IN MAKING ... because the full, five-year mandatory period of incarceration under N.J.S.A. 2C:43-6.5(b) should have been imposed. Defendants' merits briefs advance arguments ... the application to be sentenced one degree lower pursuant to [N.J.S.A.] 2C:43-6.5(c)(2).'5 In an amplification issued after the State ... of parole ineligibility to two years instead of adhering to N.J.S.A. 2C:43-6.5(a) that provides, in relevant part: [A] person who serves ... judge 'must state with specificity its reasons' for so doing. N.J.S.A. 2C:43-6.5(c)(2). Although '[t]he decision to waive or ...

docket:	a2098-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-25
status:	Unpublished
citation:
Document Size:	42458

4 STATE OF NEW JERSEY v. KIMBERLY S. ALVAREZ -- rank: 751

... to the five-year mandatory parole ineligibility term required by N.J.S.A. 2C:43-6.5(a). Count two was merged with count one. The sentence ... is the date the mandatory five-year parole bar of N.J.S.A. 2C:43-6.5(a) became effective. We therefore remand for resentencing, at which ... five-year period of parole ineligibility became effective pursuant to N.J.S.A. 2C:43-6.5(a). The parties did, however, agree with the judge's ... the five-year mandatory period of parole supervision established by N.J.S.A. 2C:43-6.5(a) could not be applied to her because nothing in ... imposed the five-year period of parole ineligibility required by N.J.S.A. 2C:43-6.5(a), sentencing defendant to a seven-year term of imprisonment ... the mandatory five-year term of parole ineligibility required by N.J.S.A. 2C:43-6.5(a) was improperly applied because nothing in either the ...

docket:	a0475-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-17
status:	unpublished
citation:
Document Size:	50415

5 STATE OF NEW JERSEY v. JOHN A. DAVEY -- rank: 724

... waiver of the mandatory parole ineligibility period set forth in N.J.S.A. 2C:43-6.5(a). We affirm defendant's convictions but remand this matter ... motion to waive the mandatory parole ineligibility period required by N.J.S.A. 2C:43-6.5[(a)], and sentencing defendant to probation. A. The High Bar Imposed by N.J.S.A. 2C:43- 6.5[(c)] for waiver. B. Defendant Falls Short of Clearing that ... a waiver of the parole ineligibility period set forth in N.J.S.A. 2C:43-6.5(a). Defendant's conviction for an amended third-degree official ... where a defendant is convicted of third-degree official misconduct. N.J.S.A. 2C:43-6.5(a) provides, in relevant part: [A] person who serves or ... person. [Ibid. (emphasis added).] Notwithstanding the language set forth in N.J.S.A. 2C:43-6.5(a), the official misconduct statute provides a mechanism for ...

docket:	a0441-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-19
status:	Unpublished
citation:
Document Size:	26541

6 /usr/local/share/www/libweb/collections/courts/appellate/a2432-20.opn.html -- rank: 719

... for official misconduct in the first- or second-degree under N.J.S.A. 2C:43-6.5(a). Defendant John W. Flinn cross-appeals from his conviction ... record. At the sentencing hearing on April 26, 2021, applying N.J.S.A. 2C:43- 6.5(c)(2), the judge found the State's request for ... circumstances, the judge waived the period of parole ineligibility under N.J.S.A. 2C:43-6.5(a) and (b)(17). The judge further concluded a sentencing ... TRIAL COURT PROPERLY WAIVED THE MINIMUM MANDATORY SENTENCE PURSUANT TO N.J.S.A. 2C:43-6.5(c)(2) BASED UPON ITS METICULOUS ANALYSIS AND FINDINGS THAT ... SERIOUS INJUSTICE OVERRIDING THE NEED FOR DETERENCE PURSUANT TO BOTH N.J.S.A. 2C:43-6.5(c)(2) AND [ N.J.S.A.] 2C:44-1 ... of the sentencing hearing, April 26, 2021, the judge acknowledged N.J.S.A. 2C:43-6.5 had not been amended and that the mandatory minimum ...

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7 STATE OF NEW JERSEY v. ORLANDO TRINIDAD -- rank: 714

... misconduct suggests it is a serious crime requiring general deterrence. N.J.S.A. 2C:43-6.5. Accordingly, the judge found three mitigating factors and only one ... five-year parole disqualifier for second-degree official misconduct under N.J.S.A. 2C:43- 6.5. The judge also compared the second-degree official misconduct conviction ... sufficient repercussions to specifically deter him from committing an offense. N.J.S.A. 2C:43-6.5(a) requires the imposition of a mandatory five-year term ... to deter such conduct in others[.]' A-3029-15T3 34 N.J.S.A. 2C:43-6.5(c)(2). When the court waives or reduces the mandatory ... considering whether to waive or reduce a mandatory term under N.J.S.A. 2C:43-6.5(a), a court should engage in an analysis similar to ... have found that to apply the 'serious injustice' standard in N.J.S.A. 2C:43-6.5(c)(2), the trial court should similarly determine 'whether ...

docket:	a3029-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-17
status:	Unpublished
citation:
Document Size:	93117

8 STATE OF NEW JERSEY v. DAVID ROMEO -- rank: 692

... impose a five-year period of parole ineligibility, pursuant to N.J.S.A. 2C:43-6.5(a). On appeal, defendant raises the following points: POINT I ... IN WAIVING THE STATUORILY-MANDATED PERIOD OF PAROLE INELIGIBILITY. Under N.J.S.A. 2C:43-6.5(a), "a person who serves or has served as a ... or reducing the mandatory minimum sentence that would otherwise apply. [ N.J.S.A. 2C:43-6.5(c)(2).] In Rice , decided after defendant was sentenced in ... issued the first published decision construing the waiver provision of N.J.S.A. 2C:43-6.5(c)(3). We compared the "serious injustice" standard of the ... which overrides the need to deter such conduct in others." N.J.S.A. 2C:43-6.5(c)(2). [ Id. at 389.] The trial judge "may consider ... employment' requires imposition of the statutory mandatory minimum." Ibid. (quoting N.J.S.A . 2C:43-6.5(a) and (c)(2)) (alteration in original). It will ...

docket:	a4580-09
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	106487

9 STATE OF NEW JERSEY v. DAVID ROMEO -- rank: 692

... impose a five-year period of parole ineligibility, pursuant to N.J.S.A. 2C:43-6.5(a). On appeal, defendant raises the following points: POINT I ... IN WAIVING THE STATUORILY-MANDATED PERIOD OF PAROLE INELIGIBILITY. Under N.J.S.A. 2C:43-6.5(a), "a person who serves or has served as a ... or reducing the mandatory minimum sentence that would otherwise apply. [ N.J.S.A. 2C:43-6.5(c)(2).] In Rice , decided after defendant was sentenced in ... issued the first published decision construing the waiver provision of N.J.S.A. 2C:43-6.5(c)(3). We compared the "serious injustice" standard of the ... which overrides the need to deter such conduct in others." N.J.S.A. 2C:43-6.5(c)(2). [ Id. at 389.] The trial judge "may consider ... employment' requires imposition of the statutory mandatory minimum." Ibid. (quoting N.J.S.A . 2C:43-6.5(a) and (c)(2)) (alteration in original). It will ...

docket:	a5204-09
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	106487

10 /usr/local/share/www/libweb/collections/courts/appellate/a2971-20.opn.html -- rank: 679

... to overcome the mandatory minimum term of imprisonment prescribed by N.J.S.A. 2C:43-6.5. I. We discern the following facts from the trial record ... defendant was sentenced to a five-year noncustodial probationary sentence, N.J.S.A. 2C:43-6.5(c)(2). Defendant filed a notice of appeal. The State ... erred in waiving the mandatory term of imprisonment prescribed by N.J.S.A. 2C:43-6.5 and by sentencing defendant to a five-year term of ... by the Legislature or the courts were violated. Pursuant to N.J.S.A. 2C:43-6.5(a), [A] person who serves or has served as a ... or reducing the mandatory minimum sentence that would otherwise apply. [N.J.S.A. 2C:43-6.5(c)(2).] In State v. Rice, we held that N ... considering whether to waive the mandatory period of imprisonment under N.J.S.A. 2C:43-6.5, courts also look to the case law that pertains ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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11 STATE OF NEW JERSEY v. TANIS A. COLELLI -- rank: 586

... imprisonment with two years of parole ineligibility in accordance with N.J.S.A. 2C:43-6.5. 1 Additional terms of defendant's plea agreement required that ... 3), with two years of parole ineligibility as mandated by N.J.S.A. 2C:43-6.5(a). The court also ordered her to pay restitution of ... pending, the trial court reduced defendant's sentence pursuant to N.J.S.A. 2C:43-6.5(c)(2) (quoted in footnote 1) to 573 days spent ... and not the Borough's children. The prosecutor then cited N.J.S.A. 2C:43-6.5(d)(1) (quoted in footnote 1), for its requirement that ... exceed by very much the threshold of $10,000 under N.J.S.A. 2C:43-6.5(b)(2), and the Legislature did not intend that the ... as she was. We disagree. As the trial court concluded, N.J.S.A. 2C:43-6.5(d)(1) expresses the Legislature's policy against PTI ...

docket:	a3992-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-11
status:	unpublished
citation:
Document Size:	25254

12 STATE OF NEW JERSEY v. BRIAN L. BRADY -- rank: 583

... 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-appeal ... 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 proved ... 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 sentence ... 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 has ... 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 letters of ... findings do not address or relate to the standard in N.J.S.A. 2C:43-6.5(c)(2) or the factors the Court articulated in ...

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

13 Statev. Brandon T. Morrison -- rank: 568

... ten-year sentence with a mandatory five-year parole disqualifier, N.J.S.A. 2C:43-6.5(a). Only “public servants” -- and their accomplices or co ...

docket:	A-36-15
court:	NJ Supreme Court
decided:	2016-12-14
status:
citation:	227 N.J. 295 151 A.3d 561
Document Size:	77844

14 STATE OF NEW JERSEY v. STEVEN SOLARI, a/k/a STEVE -- rank: 541

... identified [and] supported by competent, credible evidence in the record"). N.J.S.A. 2C:43-6.5(a) provides that the court must impose a mandatory prison ... which overrides the need to deter such conduct in others." N.J.S.A. 2C:43-6.5(c)(2). When the court waives or reduces the mandatory ... it must state with specificity its reasons for doing so. N.J.S.A. 2C:43-6.5(c)(2). In considering whether to waive or reduce a ... imposition of a mandatory minimum period of parole ineligibility under N.J.S.A. 2C:43-6.5(a). Defendant received the minimum five-year sentence applicable to ...

docket:	a2897-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-02
status:	Published
citation:
Document Size:	77185

15 STATE OF NEW JERSEY v. WILLIAM ROSEMAN -- rank: 532

... General's consent to PTI pursuant to those conditions. See N.J.S.A. 2C:43-6.5(d)(1). If Roseman accepted, the State also agreed to ...

docket:	a5456-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-20
status:	unpublished
citation:
Document Size:	28243