STATE v. BIANCO


103 N.J. 383 (1986)

511 A.2d 600

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GARY BIANCO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 7, 1986.


Attorney(s) appearing for the Case

John Burke, III, Assistant Deputy Public Defender, argued the cause, for appellant (Thomas S. Smith, Jr., Acting Public Defender, attorney).

Defendant submitted a supplemental letter brief, pro se.

Carol M. Henderson, Deputy Attorney General, argued the cause, for respondent (W. Cary Edwards, Jr., Attorney General of New Jersey, attorney).

Deborah H. Karpatkin, Staff Counsel, submitted a letter in lieu of brief on behalf of amicus curiae, American Civil Liberties Union of New Jersey (Jeffrey E. Fogel, Executive Director, attorney).


The opinion of the Court was delivered by GARIBALDI, J.

The sole issue presented in this appeal is whether the four-month Pilot Program of the Appellate Division's Excessive Sentence Oral Argument Program (ESOA Program) was constitutional. Specifically, defendant-appellant contends that his mandatory participation in the Pilot Program violated his federal and state constitutional rights to due process and to equal protection...

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