The Court recognized that both subsections (b)(2) and (b)(3) of N.J.S.A. 2C:43-2 provide for imposition of terms of “imprisonment,” and it noted differences between the imprisonment authorized in each subsection. For example, the Court explained that a term of imprisonment under subsection (b)(3) “must be served in a state correctional facility,” whereas the custodial portion of a split […]

The Appellate panel continued in relevant part: In Rodriguez, the Court reasoned that an intermittent sentence under N.J.S.A. 2C:43-2(b)(7) is not authorized for a conviction under N.J.S.A. 2C:40-26 because N.J.S.A. 2C:40-26(c) “otherwise provides” for service of a mandatory period of parole ineligibility. Here, unlike in Rodriguez, there is no Criminal Code provision that “otherwise provides” for a sentence that is inconsistent with imposition of a split […]

Judge Vernoia continued in relevant part: The enumerated sentencing alternatives listed in N.J.S.A. 2C:43-2(b) must be applied “except as provided in subsection (a),” and subsection (a) includes a more general exception. N.J.S.A. 2C:43-2(a) requires sentencing in accordance with the seven enumerated sentencing alternatives, “except as otherwise provided by” the Criminal Code. In other words, the enumerated sentencing alternatives are authorized and […]

On June 4, 2020, a three-judge appellate panel decided the Sussex County case of State v. Andres Chavarria. The principal issue under N.J.S.A. 2C:43-2 concerned the legality of sentencing a defendant to county jail time with mandatory parole ineligibility as a condition of probation following fourth-degree driving with suspended license convictions.                                   Former Monmouth County criminal […]

The appellate panel concluded with the following: As best as we can tell from the limited record here, the only “transaction” committed by Marias was his sale of a portion of the stolen goods. Had he been charged under subsection (a) with illegally possessing the remainder of the stolen goods in his grandmother’s garage, the […]

On May 19, 2020, a three-judge appellate panel decided the Essex County case of State v. Ian Marias. The principal issue under N.J.S.A. 2C:21-23 was whether the “fair market value” underlying a money laundering charge is capped by the discounted price that the defendant received for stolen goods. Presiding Judge Sabatino wrote for the Appellate […]

On May 14, 2020, a three-judge appellate panel decided the Bergen County case of State v. Derrick Lawrence. The principal issue under N.J.S.A. 2C:29-5 was whether a violation of a child support work release curfew constitutes criminal Escape. Judge Mawla held in relevant part: As the Court noted in Pasqua, enforcement proceedings for the collection […]

Justice Timpone concluded in relevant part: Context is important for finding the verbal acts sufficient enough in this matter. Defendant’s decrees here — 1) instructing his girlfriend to text someone on his behalf to carry out the murder of A.A., 2) directing his cohorts to carry out the murder of A.A., and 3) demanding that […]

The New Jersey Supreme Court continued in relevant part: The Appellate Division’s requirement in this case that the State produce such evidence raises the level of proof required to establish a substantial step for criminal attempt. The Appellate Division’s implication that only direct evidence can support a substantial step flies in the face of our […]