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STATE v. RIVERA

124 N.J. 122 (1991)

590 A.2d 238

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT v. MICHAEL RIVERA, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 23, 1991.

Attorney(s) appearing for the Case

Gary A. Thomas, Assistant Prosecutor, argued the cause for appellant (Herbert H. Tate, Jr., Essex County Prosecutor, attorney).

Roderick T. Baltimore, Assistant Deputy Public Defender, argued the cause for respondent (Wilfredo Caraballo, Public Defender, attorney).

The opinion of the Court was delivered by POLLOCK, J.

This appeal centers on the propriety of conditionally suspending the imposition of a sentence for the commission of a second-degree offense. Pursuant to a plea agreement, defendant, Michael Rivera, pled guilty to second-degree robbery contrary to N.J.S.A. 2C:15-1, an offense that is subject to a presumption of incarceration, see N.J.S.A. 2C:44-1d, for a term between five and ten years, see N.J...

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