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

Summary

The New Jersey Supreme Court affirmed that the Graves Act's mandatory three‑year minimum imprisonment cannot be suspended or converted to an indeterminate sentence at a youth correctional facility, and that mere possession of a firearm, without intent to use, triggers the Act's mandatory sentencing. The Court also held that the sentence does not violate the state constitution's prohibition on cruel and unusual punishment. Justice Handler dissented, arguing for a stricter construction requiring intent to use and preserving youthful‑offender sentencing schemes.