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STATE v. BRIMAGE

153 N.J. 1 (1998)

706 A.2d 1096

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHRISTOPHER BRIMAGE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 19, 1998.

Attorney(s) appearing for the Case

Stephen A. Caruso, Assistant Deputy Public Defender, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney).

Paul H. Heinzel, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General of New Jersey, attorney).

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

We are again presented with issues relating to Section 12 of the Comprehensive Drug Reform Act of 1987, N.J.S.A. 2C:35-1 to 36A-1 (hereinafter "CDRA"). Under N.J.S.A. 2C:35-12 ("Section 12"), a prosecutor may, through a negotiated plea agreement or post-conviction agreement with a defendant, waive the mandatory minimum sentence specified for any offense under the CDRA. To satisfy the constitutional...

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