State v. Camacho

The opinion of the court was delivered by

HAVEY, P.J.A.D.

A person who has been convicted under N.J.S.A. 2C:39-4a of possession of a firearm with intent to use it against the person of another is subject to the mandatory provisions of the Graves Act. N.J.S.A. 2C:43-6c. In this ease, the trial judge held that it was his function, as opposed to the jury’s, to decide after a Graves Act hearing whether defendant’s intention in possessing the firearm was to use it against the person, as opposed to the property, of another. We disagree, and accordingly reverse and remand for further proceedings.

Under…