STATE v. RANDOLPH

Nos. A-87 September Term 2010, 067218

44 A.3d 1113 (2012)

210 N.J. 330

STATE of New Jersey, Plaintiff-Respondent, v. Buddy RANDOLPH, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 18, 2012.


Attorney(s) appearing for the Case

Alyssa I. Aiello , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney).

Maria I. Guerrero , Special Deputy Attorney General/Assistant Essex County Prosecutor, argued the cause for respondent ( Carolyn A. Murray , Acting Essex County Prosecutor, attorney).

Brian J. Uzdavinis , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Paula T. Dow , Attorney General, attorney).

Jeffrey S. Mandel , Morristown, submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey (PinilisHalpern, attorneys).


Justice LaVECCHIA delivered the opinion of the Court.

The issue in this appeal is whether defendant Buddy Randolph should have been permitted, at the remand for his resentencing, to present evidence of his post-sentencing rehabilitative efforts. The resentencing court declined to consider the evidence based on its perception of the limited nature of the remand.

We find that the language of the Appellate Division's remand order leaves room for ambiguity and...

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