State v. NAYEE

932 A.2d 27, 192 N.J. 475, 2007 N.J. LEXIS 1091

Opinion

ORDERED that the petition for certification is granted, limited solely to the issue of the trial court’s refusal to consider the record before it in respect of defendant’s mental illness as a mitigating factor under N.J.S.A. 2C:44-1b(4) in arriving at its sentence; and it is further

ORDERED that the matter is summarily remanded to the trial court for resentencing in the light of State v. Nataluk, 316 N.J.Super. 336, 349, 720 A.2d 401 (1998).