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STATE v. TRIPPIEDI

204 N.J. Super. 422 (1985)

499 A.2d 239

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY J. TRIPPIEDI, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 4, 1985.

Attorney(s) appearing for the Case

Spagnoli & Thuring, attorneys for appellant (Joseph W. Spagnoli on the brief).

John H. Stamler, Prosecutor of Union County, attorney for respondent (Mark J. Cassidy, Assistant Prosecutor, of counsel and on the letter brief).

Before Judges J.H. COLEMAN and HAVEY.

The opinion of the court was delivered by COLEMAN, J.H., J.A.D.

The question raised by this appeal is whether a Graves Act sentence imposed upon a defendant who suffers from coronary artery disease violates the constitutional proscription against a denial of equal protection or cruel and unusual punishment. Defendant was found guilty of possession of a handgun without a permit in violation of N.J.S.A. 2C:39-5b, (Count One); possession of a handgun with purpose...

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