BAIME, J.S.C. (temporarily assigned).
The question presented in this case is of first impression. N.J.S.A. 2C:44-1 e provides that a person being sentenced for a crime other than one of the first or second degree is entitled to a presumptive noncustodial term if he "has not been previously convicted of an offense." At issue is whether the presumption against incarceration is applicable where defendant's prior record consists solely of a conviction for a disorderly...
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