STATE OF NEW JERSEY VS. AAKASH A. DALAL STATE OF NEW JERSEY VS. ANTHONY M. GRAZIANO (13-03-0374, BERGEN COUNTY AND STATEWIDE) (CONSOLIDATED) - Published

During a one-month period, between December 10, 2011, and January 11, 2012, five Jewish houses of worship were vandalized, fire-bombed, or attempted to be fire-bombed. Following separate trials, co-defendants Anthony Graziano and Aakash Dalal were convicted of multiple crimes related to those acts, including first-degree terrorism, N.J.S.A. 2C:38-2(a); first-degree aggravated arson, N.J.S.A. 2C:17-1(a)(2) and N.J.S.A. 2C:2-6; first-degree conspiracy to commit arson, N.J.S.A. 2C:17-1 and N.J.S.A. 2C:5-2; and first-degree bias intimidation, N.J.S.A. 2C:16-1(a)(1) and N.J.S.A. 2C:2-6.

Defendants separately appeal, challenging the constitutionality of the New Jersey Anti-Terrorism Act (Act), N.J.S.A. 2C:38-1 to -5. In this consolidated opinion the court addresses a question of first impression: whether the Act is unconstitutionally vague. The court holds it is not. Accordingly, we affirm defendants' convictions. The court also addresses an Eighth Amendment challenge to the sentence imposed under the Act and concludes that it is not cruel and unusual.