State v. Hudson

The majority holds that N.J.S.A 2C:44-5(b)(l) bars the imposition of an extended term sentence for third-degree aggravated assault on defendant because in his prior sentencing proceeding, severed by his own motion from this separately-considered crime, defendant had been sentenced to an extended term for a third-degree offense involving a different victim. Because I agree with the Appellate Division that the' trial court properly exercised its discretion in imposing upon defendant a sentence for this crime that included an extended term, I respectfully dissent. In my view, the majority’s…