STATE v. ARROYO-NUNEZ

DOCKET NO. A-3746-20.

269 A.3d 1154 (2022)

470 N.J. Super. 351

STATE of New Jersey, Plaintiff-Appellant, v. Diego ARROYO-NUNEZ, a/k/a Diego Arroyo, and Diego Nunez, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 2022.


Attorney(s) appearing for the Case

Claudia Joy Demitro , Assistant Attorney General, argued the cause for appellants ( Andrew J. Bruck , Acting Attorney General, attorney for appellant State of New Jersey; Jeremy Feigenbaum , State Solicitor, Alec Schierenbeck , Deputy State Solicitor, and Claudia Joy Demitro , of counsel and on the joint brief).

Joseph E. Krakora , Public Defender, attorney for appellant Diego Arroyo-Nunez; ( Alison Perrone , First Assistant Deputy Public Defender, of counsel and on the joint brief).

Joseph Paravecchia , Assistant Hunterdon County Prosecutor, argued the cause for amicus curiae County Prosecutors Association of New Jersey ( Esther Suarez , President, County Prosecutors Association, Hudson County Prosecutor, attorney; Joseph Paravecchia , of counsel and on the brief).

Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey, attorneys; Alexander Shalom , Newark, and Jeanne LoCicero , on the brief).

Before Judges Messano, Accurso and Rose.


The opinion of the court was delivered by

This appeal comes to us in an unusual posture. The State of New Jersey and defendant Diego Arroyo-Nunez both appeal from the Law Division's August 24, 2021 order that denied appellants' joint motion to vacate the mandatory period of parole ineligibility portion of defendant's sentence...

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