State v. Kassey Benjamin(076612), 157 A.3d 427

Background

Defendant (age 18, first-time offender, college student) was charged with second-degree possession of a weapon for an unlawful purpose under the Graves Act; offense involved brandishing an unloaded revolver with scratched serial number.
Graves Act imposes mandatory minimum terms for firearm-related offenses; N.J.S.A. 2C:43-6.2 permits an assignment judge to waive the mandatory minimum for eligible first-time offenders only if the prosecutor moves for it or approves a referral.
Defendant requested a Graves Act waiver; prosecutor denied without detailed written reasons initially. Defendant sought OPRA records and discovery of other waiver files to show disparate treatment; prosecutor refused.
Defendant pled guilty; Appellate Division vacated the plea, ordered the prosecutor to provide written reasons for denial, and allowed renewed discovery of other waiver files; New Jersey Supreme Court granted certification limited to the discovery issue.
The Attorney General’s Directive requires prosecutors to memorialize case-specific analyses and to keep cumulative files for audit to promote uniformity in Graves Act waiver decisions.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prosecutor must provide written reasons when denying a Graves Act waiver	Benjamin: written reasons are required and insufficient alone; defendant needs other waiver files to show arbitrariness/disparity	State: written reasons suffice; broader discovery would invade work product, privacy, and is unnecessary	Court: prosecutor must provide a written statement of reasons for denial (agree with Appellate Division)
Whether defendant entitled to discovery of prosecutor’s case-specific memorializations and cumulative files for other waiver decisions	Benjamin/ACLU: discovery of other waivers is necessary to compare similarly situated defendants and prove disparate treatment	State: discovery would permit foraging through unrelated files, invade confidentiality, and shift focus from individual assessment	Court: defendants are not entitled to discovery of other prosecutors’ waiver files; sufficient safeguards exist for judicial review
Standard and mechanism for judicial review of prosecutor’s waiver denial	Benjamin: need access to comparative files for meaningful Alvarez review	State: assignment judge/audits can identify disparities; Alvarez motion requires showing of patent/gross abuse	Court: Alvarez remains the vehicle; written reasons plus Directive and assignment judge oversight provide meaningful review; preliminary discovery not required
Scope of Directive’s recordkeeping (public access)	Benjamin/ACLU: Directive’s cumulative files imply defendant access to ensure uniformity	State: files are primarily administrative and for AG audits, not for routine defense discovery	Court: Directive requires memorialization and a cumulative file for audits, but does not mandate disclosure of other cases to defendants

Key Cases Cited

State v. Franklin, 184 N.J. 516 (discusses Graves Act mandatory sentencing)
State v. Lagares, 127 N.J. 20 (upheld prosecutorial sentencing delegation with safeguards)
State v. Vasquez, 129 N.J. 189 (same: prosecutor discretion upheld with guidelines, reasons, and review)
State v. Alvarez, 246 N.J. Super. 137 (App. Div.) (established judicial review for prosecutor’s Graves Act waiver denials)
State v. Brimage, 153 N.J. 1 (addresses sentencing disparity and prosecutorial guidelines)
State v. Scoles, 214 N.J. 236 (discusses scope of criminal discovery)