by Fred Sisto | Jul 21, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: Because defendant will be resentenced, she has yet to incur a penalty within the meaning of the savings statute. The new mitigating factor has been in force for months, as it “took effect immediately.”...
by Fred Sisto | Jul 19, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Alvarez continued in relevant part: Here, the situation differs insofar as defendant will be sentenced a third time for reasons unrelated to the adoption of the statute. But the result is unchanged. The judge will be viewing defendant “as she stands before...
by Fred Sisto | Jul 17, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The three-judge panel continued in relevant part: The abbreviated supplemental language in the motion order denying leave to appeal was not intended to circumscribe the scope of a full resentencing on the merits. It was a decision on an emergent leave to appeal motion...
by Fred Sisto | Jul 15, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On May 17, 2021, a three-judge appellate panel decided the Hudson County case of State v. Latonia Bellamy. The principal issue under N.J.S.A. 2C:44-1 was whether the defendant should have received the benefit of a new mitigating factor regarding her young age at her...
by Fred Sisto | Jul 13, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The concurring opinion continued in relevant part: As a second illustration, imagine that C, a stranger, suddenly accosts D on a sidewalk at night, brandishes a knife and pulls D into a dark alleyway, and begins to sexually assault D. D grabs the knife away from C and...