STATE v. MAGUIRE


84 N.J. 508 (1980)

423 A.2d 294

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN MAGUIRE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 2, 1980.


Attorney(s) appearing for the Case

John DeCicco, Assistant Attorney General, argued the cause for appellant (John J. Degnan, Attorney General of New Jersey, attorney; John DeCicco, Carol M. Henderson and Debra Stone, Deputy Attorneys General, on the brief).

James K. Smith, Jr., Deputy Public Defender, argued the cause for respondent (Stanley C. Van Ness, Public Defender, attorney).

Steven H. Gifis argued the cause for amicus curiae New Jersey Association on Correction.


The opinion of the Court was delivered by WILENTZ, C.J.

We are asked to decide whether the Legislature, in passing the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq. (Code), intended that persons serving mandatory life sentences for first degree murder under former law should be automatically entitled to reconsideration and possible reduction of their sentences. The answer is no. Necessarily involved...

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