Opinion · Supreme Court of New Jersey

State v. Hodge

104 N.J. 386

Type: Opinion
Court: Supreme Court of New Jersey
Jurisdiction: New Jersey
Date: 1986-05-12
Topic: general

This matter having been duly presented to the Court, and the Court having determined that the statutory appeal of right *387granted to the prosecutor under N.J.S.A. 2C:44-1(f)(2) to review certain sentencing decisions does not create a right to appeal pursuant to Rule 2:2-1(a)(4) to the Supreme Court from an Appellate Division revision of a trial court sentence; It is therefore ORDERED that the motion of the defendant-respondent to dismiss plaintiffs appeal is granted. Justices CLIFFORD, HANDLER, POLLOCK, O’HERN, GARIBALDI and STEIN join in this Order. Chief Justice WILENTZ did not participate.

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Cited by: 2 opinions

This matter having been duly presented to the Court, and the Court having determined that the statutory appeal of right *387 granted to the prosecutor under N.J.S.A. 2C:44-1(f)(2) to review certain sentencing decisions does not create a right to appeal pursuant to Rule 2:2-1(a)(4) to the Supreme Court from an Appellate Division revision of a trial court sentence;

It is therefore ORDERED that the motion of the defendant-respondent to dismiss plaintiffs appeal is granted.

Justices CLIFFORD, HANDLER, POLLOCK, O’HERN, GARIBALDI and STEIN join in this Order.

Chief Justice WILENTZ did not participate.