October 21, 2019
appeal from an interlocutory order the Superior Court of New
Jersey, Law Division, Middlesex County, Indictment No.
Whitney Faith Flanagan, Assistant Deputy Public Defender,
argued the cause for appellant (Joseph E. Krakora, Public
Defender, attorney; Whitney Faith Flanagan, of counsel and on
Patrick F. Galdieri, II, Special Deputy Attorney
General/Acting Assistant Prosecutor, argued the cause for
respondent (Christopher L.C. Kuberiet, Acting Middlesex
County Prosecutor, attorney; Patrick F. Galdieri, II, of
counsel and on the brief).
Judges Sabatino, Sumners and Geiger.
interlocutory appeal, we are asked to determine whether the
trial court's August 28, 2019 order violated N.J.S.A.
2A:162-22(a)(2)(a), the speedy trial requirements of the
Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to
-26, and Rule 3:25-4(c)(1). The order excluded 137
days - August 19, 2019 to January 2, 2020 - from the October
15, 2019 speedy trial deadline for defendant Vincent A.
Paley. Defendant is consequently confined in jail until his
scheduled January 2, 2020 trial date.
single point merits brief, defendant argues:
THE COURT ERRED IN ORDERING137 DAYS OF EXCLUDABLE TIME OVER
DEFENSE OBJECTION AND WITHOUT STATUTORY AUTHORITY.
the record does not support the court's excludable time
order, we reverse and order defendant be released pending his
we discuss three separate pretrial conferences - two in the
morning session and one in the afternoon session - all
occurring on August 19, which culminated in the order in
question. We also discuss some other relevant court
proceedings leading up to that order.
Prior to August 19
November 7, 2018, defendant and his codefendant Edward F.
Figueroa were indicted for second-degree conspiracy to commit
robbery, first-degree robbery, second-degree robbery,
second-degree aggravated assault, and third-degree theft. At
that time, defendant was not confined to county jail due to a
previous pretrial release order. However, when he failed to
appear for his arraignment on November 26, a bench warrant
was issued for his arrest.
January 10, 2019, the bench warrant was executed upon
defendant's arrest. The State's motion to revoke
defendant's pretrial release and keep him confined
pending his trial was granted on January 28. Three subsequent
court orders, all reflecting defendant's consent,
excluded a total of ninety-nine days from defendant's
speedy trial date in accordance with N.J.S.A.
2A:162-22(b)(1)(1), which allows delay for "good
cause," and Rule 3:25-4(d)(2)(H), which allows
delay resulting from "unreasonable acts or omissions of