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State v. Rodriguez

New Jersey Appellate Division

January 25, 2021

In State v. Rodriguez, the State appealed the trial court’s order that granted the defendant’s motion to overrule the prosecutor’s rejection of his request for a Graves Act waiver, pursuant to N.J.S.A. 2C:43-6.2. The New Jersey Appellate Division reversed, ruling that the trial court did not accord sufficient deference to the prosecutor’s assessment. The defendant failed to establish that the prosecutor’s rejection of his request for a Graves Act waiver constituted a patent and gross abuse of discretion. Instead, the trial court substituted its own judgment for that of the prosecutor.

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