STATE v. CAMACHO


153 N.J. 54 (1998)

707 A.2d 455

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FRANKLIN CAMACHO, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 25, 1998.


Attorney(s) appearing for the Case

Linda A. Shashoua, Special Deputy Attorney General, Acting Assistant Prosecutor, argued the cause for appellant (Lee A. Solomon, Acting Attorney General, Acting Camden County Prosecutor, attorney).

Timothy P. Reilly, argued the cause for respondent.

Nancy Peremes Barton, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).


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

Pursuant to N.J.S.A. 2C:39-4a, possession of "any firearm with a purpose to use it unlawfully against the person or property of another" is a second degree offense. The Graves Act, see N.J.S.A. 2C:43-6c, provides that a person who has been convicted under N.J.S.A. 2C:39-4a of possession of a firearm with intent to use it against the person of another shall be sentenced to a minimum parole...

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