Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. James Grate, Defendant-Appellant; State of New Jersey…

January 15, 2015220 N.J. 317

Summary

The Supreme Court of New Jersey held that the statute criminalizing unlawful possession of a weapon at an educational institution requires proof that the defendant knowingly possessed the weapon and knowingly was on the educational property, vacating those convictions; it also found the mandatory minimum sentencing provision unconstitutional under Alleyne and remanded for resentencing; finally, it affirmed the sentencing factors applied to Grate as supported by the record.