STATE v. GANTT


101 N.J. 573 (1986)

503 A.2d 849

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILFORD GANTT, A/K/A OMAR, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 30, 1986.


Attorney(s) appearing for the Case

Anderson D. Harkov, Assistant Deputy Public Defender, argued the cause for appellant (Thomas S. Smith, Jr., Acting Public Defender, attorney; Anderson D. Harkov and Edward P. Hannigan, Assistant Deputy Public Defender, of counsel and on the briefs).

John G. Holl, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).


The opinion of the Court was delivered by O'HERN, J.

We granted certification in this case to determine whether the State must prove that a handgun used in an armed robbery was operable before a court may impose a sentence under the Graves Act, which requires mandatory-minimum terms of imprisonment for persons convicted of designated crimes involving the use of a "firearm." The case arises in the context of an unarmed accomplice's liability when his armed co-felon...

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