Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. James S. Marzolf, Defendant-Respondent

February 14, 197979 N.J. 167

Summary

The Supreme Court of New Jersey reversed the Appellate Division, reinstating the six‑month custodial sentence for a first‑time youthful offender who possessed a large quantity of marijuana, holding that the trial judge could consider the quantity and inferred commercial overtones in sentencing and that the plea bargain was not violated. Justice Pashman dissented, arguing that the sentence improperly punished the defendant for an unconvicted element and breached the plea agreement.