STATE v. DALZIEL


867 A.2d 1167 (2005)

182 N.J. 494

STATE of New Jersey, Plaintiff-Respondent, v. Daniel J. DALZIEL, Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 3, 2005.


Attorney(s) appearing for the Case

Seon Jeong Lee, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Lora B. Glick, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).


Justice LONG delivered the Opinion of the Court.

This appeal provides us with an opportunity to revisit the aggravating and mitigating factors prescribed in our Code of Criminal Justice and to assess the propriety of their use under the particular facts presented.

I

On March 1, 2002, 19-year-old defendant, Daniel Dalziel and his co-defendant Brad DeBlasi committed a robbery. DeBlasi was armed with a pellet gun, and Dalziel with an eighteen-inch wooden...

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