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STATE v. ALVAREZ

246 N.J. Super. 137 (1991)

586 A.2d 1332

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ARMANDO ALVAREZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1991.

Attorney(s) appearing for the Case

Mario J. D'Alfonso argued the cause for appellant (Mario J. D'Alfonso on the brief and letter briefs).

Jessica S. Oppenheim, Deputy Attorney General, argued the cause respondent (Robert J. Del Tufo, Attorney General, attorney; Jessica S. Oppenheim of counsel and on the letter brief and supplementary brief).

Before Judges KING, R.S. COHEN and STERN.

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

This case requires us to consider the constitutionality of N.J.S.A. 2C:43-6.2 which embodies the so called "escape valve" to the mandatory sentence requirements otherwise embodied in the Graves Act, N.J.S.A. 2C:43-6c. We construe the statute to be constitutional, but remand for further sentencing proceedings consistent with this opinion.

I.

Defendant was convicted of fourth degree...

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