STATE v. MARTIN


110 N.J. 10 (1988)

538 A.2d 1229

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DONNELL MARTIN, A/K/A DONALD MARTIN, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 24, 1988.


Attorney(s) appearing for the Case

Randall W. Westreich, Designated Counsel, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Cynthia A. Vella, Assistant Prosecutor, argued the cause for respondent (John H. Stamler, Union County Prosecutor, attorney).


The opinion of the Court was delivered by WILENTZ, Chief Justice.

The Graves Act (L. 1981, c. 31) is designed to deter the possession or use of guns by criminals. It requires special sentencing for certain offenses when a gun is involved. Imprisonment is mandatory. The minimum term of imprisonment must be at least eighteen months for a fourth-degree crime and at least three years for any other crime; the law explicitly prohibits parole during these minimum...

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