In this appeal, the court addressed the judicial review of a prosecutor's decision to deny a defendant's request for a waiver of the Graves Act mandatory minimum term of parole ineligibility pursuant to N.J.S.A. 2C:43-6.2. In State v. Andrews, 464 N.J. Super. 111 (App. Div. 2020), the court recently held that a prosecutor's disparate treatment of similarly situated defendants can be a relevant consideration as part of the robust judicial review of prosecutorial discretion. In Andrews, the prosecutor failed to address the trial judge's concerns regarding other cases where Graves Act waivers were granted. In the present appeal, in contrast, the prosecutor proffered specific reasons for distinguishing defendant Rodriguez from the other defendants identified by the trial judge who had previously been granted a Graves Act waiver. The court identified several basic principles to guide a trial judge in determining whether other defendants are similarly situated to the defendant challenging the prosecutor's decision to deny a waiver. Applying those principles, the court concluded that defendant failed to establish that the prosecutor acted in an arbitrary or discriminatory fashion. The court further concluded that defendant failed to establish that the prosecutor's decision in this case constituted a patent and gross abuse of discretion.