STATE v. ALEXANDER


184 N.J. Super. 615 (1981)

446 A.2d 1257

STATE OF NEW JERSEY, PLAINTIFF, v. JOSEPH ALEXANDER, DEFENDANT.

Superior Court of New Jersey, Law Division Passaic County.

Decided October 15, 1981.


Attorney(s) appearing for the Case

Joseph A. Falcone, Passaic County Prosecutor, for the State (Patrick Caserta, Assistant Prosecutor, appearing).

Robert B. Cherry, for defendant.


HUMPHREYS, J.S.C.

This case presents a novel question concerning the scope of the so-called Graves Act, L. 1981, c. 31, N.J.S.A. 2C:43-6c.1

The Graves Act provides for mandatory minimum sentences and parole ineligibility for those committing certain crimes while using or possessing a firearm. The question here is whether the statute applies to an accomplice who did not use or possess the firearm. My holding is that it does...

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