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STATE v. GONZALEZ

254 N.J. Super. 300 (1992)

603 A.2d 516

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. YVETTE GONZALEZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1992.

Attorney(s) appearing for the Case

Wilfredo Caraballo, Public Defender, attorney for appellant (Paul M. Klein, Deputy Public Defender II, of counsel and on the brief).

Robert J. Del Tufo, Attorney General, attorney for respondent (Michael J. Williams, Deputy Attorney General, of counsel and on the letter-brief).

Before Judges LONG, BAIME and THOMAS.

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

This appeal concerns the constitutionality of N.J.S.A. 2C:35-12, which permits a court to waive a mandatory sentence only upon the approval of the prosecutor. We hold that the Legislature did not intend to circumvent the judiciary's power to protect defendants from arbitrary application of the statute. We interpret the statute as permitting judicial review...

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