by Fred Sisto | Sep 7, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 16, 2020, a three-judge appellate panel decided the Essex County case of State v. Michelle Paden-Battle. The principal issue under N.J.S.A. 2C:44-1 involved the propriety of the trial judge considering “facts” at sentencing that were rejected by the trial jury...
by Fred Sisto | Sep 4, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: The State argues further that the judge’s “quasi-proportionality analysis was fatally flawed” because “the prosecutor was unfamiliar with those unrelated cases,” “was not given a...
by Fred Sisto | Sep 1, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 15, 2020, a three-judge appellate panel decided the Middlesex County case of State v. Alexander Andrews. The principal issue under N.J.S.A. 2C:43-6.2 involved the Assignment Judge’s comparison of the defendant’s case to similar cases in overruling the State’s...
by Fred Sisto | Aug 29, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division concluded with the following in relevant part: While we conclude the plain language of N.J.S.A. 2C:43-2(b)(2) authorizes defendant’s custodial sentences as a condition of his probation, we also observe a probationary sentence conditioned...
by Fred Sisto | Aug 26, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Vernoia continued in relevant part: More pertinent here, the Court also directed that, where the trial court concludes a probationary sentence is appropriate, “it must condition that term on a 270-day period of community service or of incarceration without...