State of New Jersey, Plaintiff-Appellant v. Susan Hyland, Defendant-Respondent.

Summary

The Supreme Court of New Jersey held that the State may appeal a special probation Drug Court sentence only when the sentencing judge makes a plainly mistaken, non‑discretionary, non‑factual finding under N.J.S.A. 2C:35-14(a). Because the judge's finding that the defendant was not a danger to the community was discretionary, the sentence was not illegal and the State's appeal was dismissed; the judgment of the Appellate Division was affirmed as modified.