Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Raymond Vasquez, Defendant-Respondent

July 22, 1992129 N.J. 189

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, vacated the probation‑violation sentence, and remanded for resentencing, holding that the statute does not compel a mandatory parole ineligibility term on resentencing and that the defendant did not waive his right to appeal the parole‑ineligibility issue. The Court also rejected the separation‑of‑powers challenge to the waiver provision.