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...
by Fred Sisto | Jul 11, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
In a rare Appellate Division concurring opinion, Presiding Judge Sabatino wrote in relevant part: I join in Judge Gooden Brown’s scholarly opinion and its application of N.J.S.A. 2C:12-1.2(a) (third-degree endangering an injured victim) to the...
by Fred Sisto | Jul 9, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: Arguably, other circumstances not present here, such as Anthony continuing to pose a threat after he had been stabbed by defendant, are addressed by other defenses, like the defense of necessity. Similar to “use of...
by Fred Sisto | Jul 7, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On May 13, 2021, a three-judge appellate panel decided the Essex County case of State v. Julian Sanders. The principal issue under N.J.S.A. 2C:12-1.2 involved the application of a self-defense charge to a case involving the endangerment of an injured victim. Judge...