In State v. Rizzitello, Docket No. a-0536-15 (App. Div. 2016), a case originating with the defendant’s arrest in Brick Township , the Appellate Division was called upon to determine whether a defendant charged with fourth degree driving during a period of license suspension for a second or subsequent DWI conviction was presumptively ineligible for admission into […]
Multiple Extended Term Sentences (Part 2)
The Supreme Court has guided that “when a provision of the Code is modeled after the MPC, it is appropriate to consider the MPC and any commentary to interpret the intent of the statutory language.” Although the Court in Hudson cautioned that New Jersey’s rejection of the MPC approach imposing an outer limit on the […]
Multiple Extended Term Sentences (Part 1)
In State v. Boykins, an Ocean County case decided on September 7, 2016, the Appellate Division was called upon to decide whether a defendant is “in custody” for purposes of receiving a second extended-term sentence under N.J.S.A. 2C:44-5b when he committed a second crime while out on bail awaiting trial for the first crime. The […]
Bias Intimidation Statute
The third principle issue decided in State v. Ravi was whether based on the Supreme Court’s decision in State v. Pomianek, holding that N.J.S.A. 2C:16-1a(3) is unconstitutionally vague, the court must vacate the defendant’s third degree bias intimidation convictions. The answer was “yes.” “In Pomianek, the Supreme Court held that N.J.S.A. 2C:16-1(a)(3) violated the Due […]
Elements of Hindering Apprehension (Part 2)
At trial, M.W. testified that everything she told the law enforcement investigators on September 23, 2010, was the truth. Defendant’s text messages did not have any effect on M.W.’s account of the events that occurred that day; nor did defendant’s texts influence the manner in which she described those events. M.W. also emphasized that she […]
Elements of Hindering Apprehension (Part 1)
The second principle issue addressed in State v. Ravi was whether a defendant is entitled to a judgment of acquittal on a charge of hindering one’s own apprehension under 2C:29-3b(3) when there is no evidence that he used any force, intimidation, or deception to prevent a person’s testimony. The answer is “yes.” The Court held […]
Witness Tampering and Hindering
In State v. Ravi, decided on September 9, 2016, the Appellate Division addressed three principle issues. This was a case that garnered national attention in the wake of Ravi’s college roommate committing suicide after allegedly discovering that Ravi had recorded and broadcast him having a sexual encounter with a man in their dorm room. The […]
Sports Gambling and Forfeiture
On August 26, 2016, the New Jersey Appellate Division decided the case State v. Amboy National Bank, under Docket No. a-0703-14. The principle issue of the decision concerned and whether operation of a sports pool amounts to the promotion of gambling under N.J.S.A. 2C:37-2, such that the money in the pool is subject to forfeiture […]
Successful Appeal of Sentencing Downgrade
On August 26, 2016, the Appellate Division upheld the decision of the Ocean County Criminal Presiding judge to impose a downgraded sentence in State v. Deborah Meehan. This was a case that I handled over many years at the trial level. While the State may attempt to appeal the Appellate Division decision to the New […]
The De Minimis Statute – State v Zarrilli
In State v. Zarrilli, another published Law Division case, the court considered the following factors in evaluating a de minimis application: (a) Defendant’s background, experience and character as indications of whether he or she knew or should have known the law was being violated; (b) Defendant’s knowledge of the consequences of the act; (c) The […]
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