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STATE v. GANTT

186 N.J. Super. 262 (1982)

452 A.2d 477

STATE OF NEW JERSEY, PLAINTIFF, v. WILFORD GANTT, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided June 11, 1982.

Attorney(s) appearing for the Case

Dennis Kearney, Assistant Prosecutor, for plaintiff (George L. Schneider, Essex County Prosecutor, attorney).

Maria Noto, Assistant Deputy Public Defender, for defendant (Stanley C. Van Ness, Public Defender, attorney).

NEWMAN, J.S.C.

The matter before the court, the sentencing of Wilford Gantt, presents three novel questions involving interpretation of the Graves Act, N.J.S.A. 2C:43-6 c, d.1 First, can the State, pursuant to that act, show by a preponderance of the evidence that a weapon is a firearm when the weapon has not been recovered. Second, is the act unconstitutional as applied to Gantt...

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