STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT,
v.
DANIEL GARDNER, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.
STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT,
v.
ARTHUR BRIAN SCHWARZ, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.
STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT,
v.
JOHN VAN NOSTRAND, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued January 5, 1988.
Decided January 18, 1989.
Attorney(s) appearing for the Case
Cathleen Russo Delanoy, Deputy Attorney General, argued the cause for appellant and cross-respondent (W. Cary Edwards, Attorney General of New Jersey, attorney).
Philip De Vencentes argued the cause for respondent and cross-appellant Daniel Gardner (Galantucci & Patuto, attorneys).
Steven B. Lieberman argued the cause for respondent and cross-appellant Arthur Brian Schwarz (Bowers, Murphy, O'Brien & Lieberman, attorneys).
Susan J. Abraham, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant John Van Nostrand (Alfred A. Slocum, Public Defender, attorney).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by CLIFFORD, J.
Defendants, volunteer firemen, indicted for the second-degree crime of aggravated arson, pleaded to the third-degree offense of arson. As first offenders they were therefore entitled to the presumption of non-incarceration. The trial court, concluding that the presumption had been overcome, sentenced defendants to custodial terms.
A majority in the Appellate Division...
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