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STATE v. VON GRAEVENITZ

176 N.J. Super. 210 (1980)

422 A.2d 788

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL VON GRAEVENITZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1980.

Attorney(s) appearing for the Case

T. Gary Mitchell, Assistant Deputy Public Defender, argued the cause for appellant (Stanley C. Van Ness, Public Defender, attorney; John M. Cannel, Assistant Public Defender, of counsel and on the brief).

Carol M. Henderson, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General, attorney; Debra L. Stone, Deputy Attorney General, of counsel and on the brief).

Before Judges MICHELS, ARD and FURMAN.

The opinion of the court was delivered by FURMAN, J.S.C. (temporarily assigned).

Defendant appeals from the denial of his motion for a resentence under the Code of Criminal Justice, N.J.S.A. 2C:1-1 d(2). The three-judge resentencing panel, which was constituted by a directive of the Supreme Court (see 104 N.J.L.J. 489 (December 6, 1979)), determined that defendant had failed to demonstrate good cause for resentencing, a statutory prerequisite.

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