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STATE v. MEGARGEL

143 N.J. 484 (1996)

673 A.2d 259

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

The Supreme Court of New Jersey.

Decided March 27, 1996.

Attorney(s) appearing for the Case

Teresa M. Burzynski, Acting Assistant Prosecutor, argued the cause for appellant (Joseph F. Audino, Acting Camden County Prosecutor, attorney).

Dennis Wixted argued the cause for respondent (Sufrin Zucker Waller & Wixted, attorneys; Mr. Wixted and Jeffrey C. Zucker, of counsel and on the brief).

Carol M. Henderson, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney).

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for amicus curiae Public Defender (Susan L. Reisner, Public Defender, attorney).

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

N.J.S.A. 2C:44-1f(2) (section 44-1f(2)) provides that where a sentencing court is clearly convinced that the mitigating factors outweigh the aggravating factors and the interest of justice demands, a court may sentence a defendant who had been convicted of a first or second degree crime to a term appropriate to an offense one degree lower. In this appeal, we must determine

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