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State v. Maurer

Superior Court of New Jersey, Appellate Division

December 17, 2014

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
GREGORY MAURER, a/k/a GREGORY M. MAVERER, Defendant-Appellant

Argued October 15, 2014

Approved for Publication December 17, 2014.

On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Indictment Nos. 12-10-1016, 12-11-1100, 12-11-1174; and Burlington County, Indictment No. 13-03-0219.

Fred B. Last, Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora, Public Defender, attorney; Mr. Last, of counsel and on the brief).

Joseph M. More, Jr., Assistant Prosecutor, argued the cause for respondent ( Sean F. Dalton, Gloucester County Prosecutor, attorney; Mr. More, on the brief).

Before Judges LIHOTZ, ESPINOSA and ROTHSTADT. The opinion of the court was delivered by ROTHSTADT, J.A.D.

Page 638

[438 N.J.Super. 404] OPINION

[438 N.J.Super. 405] ROTHSTADT, J.A.D.

We granted defendant Gregory Maurer leave to appeal from the Law Division's January 15, 2014 denial of his appeal from the prosecutor's rejection of his application for sentencing into Drug Court. The prosecutor's and the court's decisions were based solely on defendant's prior conviction for a weapons crime and ostensibly made in accordance with N.J.S.A. 2C:35-14 (the Drug Court Statute)[1] and the Administrative Office of the Courts' (AOC) " Manual for Operation of Adult Drug Courts in New Jersey" (July 2002) (Manual). On appeal defendant argues:

I. THIS COURT MUST [] REVERSE TO CORRECT A SERIOUS ANOM[A]LY IN DRUG COURT ADMISSION REQUIREMENTS, TO FOSTER MORE CONSISTENT SENTENCING, AND TO SEE THIS DEFENDANT SENTENCED TO

Page 639

DRUG TREATMENT AND NOT PRISON.
A. Sentencing under the Criminal Code is offense[-]based.
B. Sentencing in Drug Court remediates the harshness of ...

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