State of New Jersey, Plaintiff-Respondent v. Robert Des Marets, Defendant-Appellant; State of New Jersey…

Summary

The Supreme Court of New Jersey held that the Graves Act bars trial courts from imposing indeterminate sentences at a youth correctional institution and from suspending the mandatory three‑year imprisonment term, and that mere possession of a firearm satisfies the Act’s possession requirement. Accordingly, the Court affirmed the Appellate Division’s judgment in Des Marets and the trial court’s judgment in Appleton. The Court also concluded that the Graves Act impliedly repeals the youthful‑offender sentencing scheme where it conflicts. Justice Handler’s dissent, joined by Justice Schreiber, argued that the Act does not repeal the youthful‑offender provisions and that possession should require intent to use.