by Fred Sisto | Jun 28, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Pierre-Louis continued in relevant part: The Appellate Division reached the opposite result in State v. Faison, 452 N.J. Super. at 394 -95. There, a different panel held that prior DWI convictions for which a defendant obtained PCR could not serve as predicate...
by Fred Sisto | Jun 26, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: And it is hardly the case that Section 26(b) is a purely distinct offense separate and apart from N.J.S.A. 39:3-40, given the fact that Section 26 specifically incorporates that statute by reference. See N.J.S.A. 2C:40-26(b)...
by Fred Sisto | Jun 24, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On April 5, 2022, the New Jersey Supreme Court decided the Monmouth County case of State v. Michael Konecny. There were two principal issues under N.J.S.A 2C:40-26. The first is whether DWI convictions can increase the custodial sentence for the crime of driving while...
by Fred Sisto | Jun 22, 2022 | Blog, Criminal Law, Legal Procedures, Monmouth County, New Jersey, Ocean County
The appellate panel continued in relevant part: In giving weight to the first Yarbough factor, i.e., “there are no free crimes,” the judge reasoned, “if all of these were to be run concurrently, it certainly would minimize the defendant’s...
by Fred Sisto | Jun 20, 2022 | Blog, Criminal Law, Legal Procedures, Monmouth County, New Jersey, Ocean County
On March 31, 2022, a three-judge appellate panel decided the Gloucester County case of State v. Rami Amer. The principal issue under N.J.S.A. 2C:44-5 concerned the overall fairness of the consecutive sentences imposed. Judge Enright wrote for the Court in relevant...