State v. Lesane

MINUSKIN, J.S.C.

The issue before the Court on appeal from the Municipal Court of the Village of Ridgewood is whether Municipal Court judges are compelled to follow N.J.S.A. 2C:44-l(e) which governs the imposition of sentence and recognizes a presumption of non-incarceration of persons who have not previously been convicted of an offense.

On April 10, 1986, defendant’s vehicle was stopped by the Ridgewood Police who were investigating a theft that had occurred in the area. The police questioned the defendant after he exited the car. An altercation resulted between the defendant and the police…