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State v. Paley

Superior Court of New Jersey, Appellate Division

November 6, 2019

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
VINCENT A. PALEY, Defendant-Appellant.

          Argued October 21, 2019

          On appeal from an interlocutory order the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 18-11-1495.

          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 the brief).

          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).

          Before Judges Sabatino, Sumners and Geiger.

          OPINION

          SUMNERS, J.A.D.

         In this 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.[1]

         In his single point merits brief, defendant argues:

THE COURT ERRED IN ORDERING137 DAYS OF EXCLUDABLE TIME OVER DEFENSE OBJECTION AND WITHOUT STATUTORY AUTHORITY.

         Because the record does not support the court's excludable time order, we reverse and order defendant be released pending his trial.

         I.

         Initially, 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.

         Proceedings Prior to August 19

         On 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.

         On 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 the defendant."

         August ...


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