STATE OF NEW JERSEY VS. ANTHONY ENRICOÂ (15-10-1396, BERGEN COUNTY AND STATEWIDE), A-3933-16T3

Anthony Enrico was indicted in Bergen County for second-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5(b)), a Graves Act offense that carries a mandatory period of parole ineligibility.
The Graves Act parole bar must be fixed at one-half the sentence or 42 months, whichever is greater, unless a statutory exception applies (N.J.S.A. 2C:43-6(c) and 2C:43-6.2).
Under N.J.S.A. 2C:43-6.2, the prosecutor can move for or consent to a reduced parole ineligibility period, with the assignment judge authorized to place a defendant on probation or reduce parole ineligibility to one year.
Enrico requested the prosecutor's written reasons for refusing a Graves Act waiver and production of other waiver files; the prosecutor refused and offered a plea recommending a five-year term with 12 months parole ineligibility.
The trial court denied Enrico's motions to compel the prosecutor's written reasons and other waiver files; the Appellate Division initially denied leave to appeal but was later ordered by the New Jersey Supreme Court to reconsider in light of State v. Benjamin.
On remand, the Appellate Division reversed the trial court insofar as it denied disclosure of written reasons and remanded for the prosecutor to provide a statement of reasons within 30 days; discovery of other prosecutors' waiver files was not required under Benjamin.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prosecutor must provide written reasons when denying a Graves Act waiver	State relied on prosecutorial discretion and prior denial of Enrico's request	Enrico argued he was entitled to written reasons explaining the refusal to consent to a waiver	Court held prosecutor must provide a written statement of reasons; trial court's denial reversed and remanded for production within 30 days
Whether defendant may obtain discovery of other Graves Act waiver files	State argued such files are not discoverable and Benjamin supports limiting disclosure	Enrico sought other waiver files to evaluate consistency and rationales	Court followed Benjamin: discovery of other prosecutors' waiver files is not required

State v. Benjamin, 228 N.J. 358 (2017) (holds prosecutors must provide a statement of reasons when denying a Graves Act waiver but defendants are not entitled to discovery of other prosecutors' waiver files)