STATE v. STEWART


96 N.J. 596 (1984)

477 A.2d 300

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROBERT KEITH STEWART, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 25, 1984.


Attorney(s) appearing for the Case

Katherine F. Graham, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for respondent (Joseph H. Rodriguez, Public Defender, attorney).


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

This case raises questions concerning the scope of the mandatory sentencing provisions known as the Graves Act, N.J.S.A. 2C:43-6, L. 1981, c. 31,1 and the proper procedures to be followed in sentencing a criminal defendant under the Act. Specifically, we are asked to determine what constitutes possession of a firearm for purposes of the Graves Act. Further, we...

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