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STATE v. CAMACHO

295 N.J. Super. 585 (1996)

685 A.2d 961

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANKLIN CAMACHO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1996.

Attorney(s) appearing for the Case

Timothy P. Reilly argued the cause for appellant (Mr. Reilly, of counsel and on the brief).

Linda Shashoua, Special Assistant Deputy Attorney, Acting Assistant Prosecutor, argued the cause for respondent (Lee A. Solomon, Special Deputy Attorney General, Acting Camden County Prosecutor, attorney; Kathleen M. Delaney, Special Deputy Attorney General, Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges HAVEY, BROCHIN and EICHEN.

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

A person who has been convicted under N.J.S.A. 2C:39-4a of possession of a firearm with intent to use it against the person of another is subject to the mandatory provisions of the Graves Act. N.J.S.A. 2C:43-6c. In this case, the trial judge held that it was his function, as opposed to the jury's, to decide after a Graves Act hearing whether defendant's intention in possessing the firearm was...

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