May 12, 1986
STATE OF NEW JERSEY
Justices Clifford, Handler, Pollock, O'Hern, Garibaldi and Stein join in this Order. Chief Justice Wilentz did not participate.
[104 NJ Page 386]
This matter having been duly presented to the Court, and the Court having determined that the statutory appeal of right
[104 NJ Page 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 plaintiff's appeal is granted.
Justices CLIFFORD, HANDLER, POLLOCK, O'HERN, GARIBALDI and STEIN join in this Order.
Chief Justice WILENTZ did not participate.