Here, the motion court did not abuse its discretion when it denied defendant’s release under Priester. As evidenced by defendant’s over 1,000 pages of supporting medical documentation, there is no indication that defendant’s prison would be unable to treat him should he contract COVID-19. Additionally, nothing in the record establishes that defendant’s health has drastically changed as a result of his incarceration. And the motion court did not abuse its discretion in its analysis of the final Priester prong — the weighing of various other factors such as the severity of the crime and sentence, defendant’s criminal record, the risk to the public should he be released, and his role in bringing about his current state of health. See id. at 137. While defendant’s medical conditions are beyond his control, the offense to which he pled guilty was serious and his escalating criminal record is also cause for concern. In sum, the motion court properly balanced all of the Priester factors before denying defendant’s Rule 3:21-10(b)(2) motion.
An interesting issue relates to whether there were changed circumstances in the defendant’s health since his original sentence. A lack of change should not weigh against the defendant if the original sentencing court did not give due weight to a debilitating medical condition.