Gun Crime Indictments/Sentences

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Dear Monmouth County Prosecutor's Office,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:

Please provide the below requested information (1-4) for each of the following separate time periods:

1/1/2017-12/31/2017

1/1/2018-12/31/2018

1/1/2019-6/1/2019

1. (A) Please provide the total number of counts charging 2C: 39-5b Unlawful Possession of a Handgun Without a Permit that were indicted during the above noted time periods. (It is recognized that an indictment can have multiple counts charging the same statute, therefore, the request is for the number of indicted COUNTS that charged 2C:39-5b, not the number of indictments that charged the offense.)

1. (B) Please provide the total number of counts that a defendant was sentenced in the Criminal Division for the crime of 2C:39-5b Unlawful Possession of a Handgun Without a Permit during the above noted time periods. (It is recognized that a sentence can include multiple counts of the same statute; therefore, the request is for the total number of COUNTS charging 2C:39-5b that were sentenced by a court, not how many sentences included the charge.)

2. (A) Please provide the total number of counts charging 2C: 39-4a (1) Possession of a Handgun for Unlawful Purposes - Person or Property that were indicted during the above noted time periods. (It is recognized that an indictment can have multiple counts charging the same statute, therefore, the request is for the number of indicted COUNTS that charged 2C:39-4a (1), not the number of indictments that charged the offense.)

2. (B) Please provide the total number of times that a defendant was sentenced in the Criminal Division for the crime of 2C:39-4a (1) Possession of a Handgun for Unlawful Purposes - Person or Property during the above noted time periods. (It is recognized that a sentence can include multiple counts of the same statute; therefore, the request is for the total number of COUNTS charging 2C:39-4a (1) that were sentenced by a court, not how many sentences included the charge.)

3. (A) Please provide the total number of counts charging 2C: 39-4a (2) Possession of a Handgun for Unlawful Purposes - Community Gun that were indicted during the above noted time periods. (It is recognized that an indictment can have multiple counts charging the same statute, therefore, the request is for the number of indicted COUNTS that charged 2C:39-4a (2), not the number of indictments that charged the offense.)

3. (B) Please provide the total number of times that a defendant was sentenced in the Criminal Division for the crime of 2C:39-4a (2) Possession of a Handgun for Unlawful Purposes - Community Gun during the above noted time periods. (It is recognized that a sentence can include multiple counts of the same statute; therefore, the request is for the total number of COUNTS charging 2C:39-4a (1) that were sentenced by a court, not how many sentences included the charge.)

4. (A) Please provide the total number of counts charging 2C: 33-29 Gang Criminality that were indicted during the above noted time periods. (It is recognized that an indictment can have multiple counts charging the same statute, therefore, the request is for the number of indicted COUNTS that charged 2C:33-29, not the number of indictments that charged the offense.)

4. (B) Please provide the total number of times that a defendant was sentenced in the Criminal Division for the crime of 2C:33-29 Gang Criminality during the above noted time periods. (It is recognized that a sentence can include multiple counts of the same statute; therefore, the request is for the total number of COUNTS charging 2C:33-29 that were sentenced by a court, not how many sentences included the charge.)

The requested information may be mailed or emailed using the below listed addresses.

Yours faithfully,

Joseph Iacovone

Mary Juliano, Monmouth County Prosecutor's Office

Dear Mr. Iacavone,

I am serving as a Custodian of Records for the Monmouth County Prosecutor's Office. I have been researching our obligation to respond to your OPRA request. My research is not complete, and I will need an extension of time to respond. The due date for our response would be Jan. 9, 2020. I will have a response to you no later than Jan. 20, 2020, I expect sooner. I appreciate your patience.

Regards,
Mary Juliano
Assistant Prosecutor

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Mary Juliano, Monmouth County Prosecutor's Office

1 Attachment

Attached please find response to the below records request.

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