State of New Jersey, Plaintiff-Appellant v. Shaquille A. Nance (a/K/A Nance Shaquille A, Nance Shaquille)…

Summary

The Court held that under N.J.S.A. 2C:43‑6.2 only the assignment judge (or a designee) may decide between a probationary sentence and a one‑year parole‑ineligibility term for a first‑time Graves Act offender, and that the presumption of incarceration in N.J.S.A. 2C:44‑1(d) applies to that choice; the Appellate Division’s judgment was affirmed in part, reversed in part, and the cases were remanded for resentencing.