State v. Graevenitz

The opinion of the court was delivered by

FURMAN, J. S. C. (temporarily assigned).

Defendant appeals from the denial of his motion for a resentence under the Code of Criminal Justice, N.J.S.A. 2C:1-1 d(2). The three-judge resentencing panel, which was constituted by a directive of the Supreme Court (see 104 N.J.L.J. 489 (December 6, 1979)), determined that defendant had failed to demonstrate good cause for resentencing, a statutory prerequisite.

N.J.S.A. 2C:1-1 d(2) provides:

Any person who is under sentence of imprisonment on the effective date of the code for an offense committed prior to the…