STATE OF NEW JERSEY VS. SHAQUILLE A. NANCE
STATE OF NEW JERSEY VS. TAJA L. WILLIS-BOLTON
STATE OF NEW JERSEY VS. ALVIN D. WILLIAMS
In these consolidated Graves Act cases the court held that after a motion for waiver by the State was approved by the Assignment Judge or the designee judge, the sentencing judge, notwithstanding a plea agreement, had the discretion to impose either a probationary sentence or a one-year parole disqualifier. N.J.S.A. 2C:43-6.2, State v. Alvarez, 246 N.J. Super. 137, 142 (App. Div. 1991).
The court held the plea in these circumstances is not a "contract plea" and does not have a binding effect on the court.