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STATE v. CENGIZ

241 N.J. Super. 482 (1990)

575 A.2d 504

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. YUCEL CENGIZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1990.

Attorney(s) appearing for the Case

Robert Leotti argued the cause for appellant (A.J. Fusco, Jr., attorney; Joseph A. Ferrante, on the brief).

Kathleen P. Holly, Assistant Prosecutor, argued the cause for respondent (Nicholas L. Bissell, Jr., Somerset County Prosecutor, attorney; Kathleen P. Holly, on the letter brief).

Before Judges SHEBELL, BAIME and KEEFE.

The opinion of the court was delivered by SHEBELL, J.A.D., writing for the majority but dissenting in part.

In this appeal defendant Yucel Cengiz asserts that portions of N.J.S.A. 2C:35-12 and 14 are constitutionally infirm because under these provisions a judge is without power to grant relief from the mandatory sentencing requirement of N.J.S.A. 2C:35-7 without prosecutorial consent. The majority of this court has declined to consider this issue. We...

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