Hudson County Criminal Lawyer Blog
The New Jersey Supreme Court recently issued a major ruling that reshapes how courts and prosecutors must apply the state’s strict Graves Act sentencing rules for gun offenses. In State v. Zaire J. Cromedy (decided August 5, 2025), the Court unanimously held that a conviction under N.J.S.A. 2C:39-5(j), which makes it a first-degree crime for someone with a prior No Early Release Act (NERA) conviction to unlawfully possess a weapon, is not automatically subject to the Graves Act’s mandatory parole-ineligibility period.
The case began when police arrested Zaire Cromedy in 2021 and found a handgun in his possession. Because Cromedy had a prior reckless manslaughter conviction covered by NERA, prosecutors charged him under subsection (j) of the unlawful possession statute. He pled guilty to first-degree unlawful possession of a weapon, and the trial court imposed a ten-year sentence with five years of parole ineligibility under the Graves Act. The Appellate Division affirmed, reasoning that subsection (j) simply upgraded the degree of the underlying offense and therefore carried the same mandatory minimum sentence.
The Supreme Court disagreed. Writing for a unanimous Court, Justice Noriega explained that subsection (j) creates a separate, standalone first-degree crime rather than a sentencing enhancement. The Court emphasized that the Graves Act explicitly lists which offenses trigger mandatory minimums—namely subsections (a), (b), (c), and (f) of the weapons statute—but not subsection (j). Because the Legislature added subsection (j) in 2013 yet chose not to include it in the Graves Act at that time, the Court concluded it would be improper to read that requirement into the law. In plain terms, the justices ruled that subsection (j) carries its own penalty range of ten to twenty years in prison, but without the automatic five-year no-parole term unless the sentencing judge imposes one based on the specific facts of the case.
The Supreme Court of New Jersey’s decision in State v. Isaiah J. Knight offers a nuanced examination of the limits of reciprocal discovery in criminal cases, particularly focusing on the circumstances surrounding an affidavit recanting a witness’s previous identification of the defendant as the perpetrator of a crime. The facts of this case play a crucial role in understanding the Court’s rationale and its implications for criminal defense.
In a landmark decision, the New Jersey Supreme Court provided critical insights into the state’s witness tampering statute through the case of State v. William Hill. This case scrutinized the boundaries of lawful communication and witness intimidation, posing significant implications for criminal defense strategies.
The Supreme Court of New Jersey’s decision in the case of State v. Curtis L. Gartrell presents a significant analysis of property rights and the Fourth Amendment’s protections against unreasonable searches and seizures. In this case, the court examined the concept of abandonment in the context of a police chase, where the defendant fled and left behind a suitcase containing illegal substances. By abandoning the suitcase, Gartrell relinquished any privacy interest he had in the item, thereby negating his ability to challenge the police’s warrantless search of the suitcase.
In a landmark decision, the New Jersey Supreme Court weighed in on a crucial issue of first impression: Must a criminal defendant be provided in-person interpreting services during a jury trial, or will video remote interpreting (VRI) suffice? The case of State v. Juracan-Juracan dives into this question, addressing a major point of contention within the legal community—especially given the significant adjustments courts have had to make in response to the COVID-19 pandemic.
Attorney Stephen Natoli successfully argued before a three-judge panel that his client’s rights had been violated during a 2019 trial handled by prior counsel. Following the trial, Defendant was sentenced to twenty-three (23) years in prison. He had been serving his prison sentence when he retained Mr. Natoli for his appeal.
Under the Sixth Amendment of the United States Constitution and the laws of New Jersey, suspects are entitled to have an attorney present while they are held in custody for questioning.
Three Strikes Laws were adopted in certain jurisdictions to protect the public from habitual offenders who repeatedly commit certain violent crimes. These law typically mandate a sentence of life imprisonment without parole for a third-time offender.