State v. Peters

The opinion of the Court was delivered by

HANDLER, J.

In this case, as in State v. Vasquez, 129 N.J. 189, 609 A.2d 29 (1992), the central issue is whether the court on resentencing a defendant for violation of probation resulting from a conviction for distributing drugs in a school zone is required to impose a mandatory period of parole ineligibility. Related to that issue is whether the prosecutor’s exercise of discretion to waive the period of parole ineligibility, thereby binding the court’s sentencing power, violates the separation of powers doctrine. For the reasons set forth in Vasquez,…