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STATE v. HALISKI

273 N.J. Super. 157 (1994)

641 A.2d 549

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH LEON HALISKI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1994.

Attorney(s) appearing for the Case

Susan L. Reisner, Acting Public Defender, attorney for appellant (Stephen Kirsch, Assistant Deputy Public Defender, of counsel and on the letter brief).

Deborah T. Poritz, Attorney General, attorney for respondent (Marsetta Lee, Deputy Attorney General, of counsel and on the letter brief).

Before Judges BRODY, STERN and KEEFE.

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

The issue is whether the court may impose a Graves-Act (firearm) mandatory extended prison term, reserved for second offenders, on a person who did not receive an extended term when first sentenced because the prior conviction of a Graves-Act offense was then on appeal. We now hold that once the prior conviction has been affirmed, the trial court may correct the original sentence and impose the extended term...

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