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STATE v. MUESSIG

198 N.J. Super. 197 (1985)

486 A.2d 924

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RICHARD C. MUESSIG, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 1985.

Attorney(s) appearing for the Case

John M. Fahy, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Michael B. Blacker argued the cause for respondent (Vogel, Vastola & Gast, attorneys Lawrence A. Vastola, Michael B. Blacker and Richard Clayton, on the brief).

Before Judges KING, DEIGHAN and BILDER.

The opinion of the court was delivered by KING, P.J.A.D.

On this appeal the defendant contends that a three-year mandatory minimum sentence constitutes "cruel and unusual" punishment in violation of the federal and State Constitutions.

This matter has been returned to us following our remand of July 25, 1983 in A-5576-81T4. Defendant was charged in a five-count indictment and pled guilty to official misconduct as a police officer, N.J.S.A. 2C:30-2,...

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