State of New Jersey, Plaintiff-Appellant v. Gloria Jean Jarbath, Defendant-Respondent

Summary

The New Jersey Supreme Court affirmed the Appellate Division’s exercise of original jurisdiction to vacate the trial court’s custodial sentence and impose a non‑custodial probationary sentence for a mentally retarded defendant, holding that the appellate court may request additional information and consider post‑sentencing conditions, may not downgrade the offense to invoke the presumption against imprisonment, and must provide reasons for its sentencing decision.