Summary
adopting Judge Marianne Espinosa's dissent, State v. Vasco, ___ N.J. Super. ___, ___ (App. Div. 2018) (slip op. at 19), which observed that defendant, charged with possession of a weapon for an unlawful purpose, "admitted he knowingly possessed the weapon" . . . but "admitted little else"
Summary of this case from State v. WilliamsOpinion
A-54 September Term 2017 080426
10-30-2018
STATE of New Jersey, Plaintiff-Respondent, v. Rainlin VASCO, Defendant-Appellant.
Alyssa Aiello, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Alyssa Aiello, of counsel and on the briefs). Michele C. Buckley, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent (Michael A. Monahan, Acting Union County Prosecutor, attorney; Michele C. Buckley, of counsel and on the briefs). Adam D. Klein, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Gurbir S. Grewal, Attorney General, attorney; Adam D. Klein, of counsel and on the brief).
Alyssa Aiello, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Alyssa Aiello, of counsel and on the briefs).
Michele C. Buckley, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent (Michael A. Monahan, Acting Union County Prosecutor, attorney; Michele C. Buckley, of counsel and on the briefs).
Adam D. Klein, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Gurbir S. Grewal, Attorney General, attorney; Adam D. Klein, of counsel and on the brief).
PER CURIAMThe judgment of the Superior Court, Appellate Division is reversed substantially for the reasons expressed in Judge Espinosa's dissenting opinion, reported at ––– N.J. Super. ––––, ––––, ––– A.3d ––––, 2017 WL 10445742 (App. Div. 2017) (Espinosa, J.A.D., dissenting). Defendant's guilty plea is vacated and the matter is remanded to the trial court for further proceedings.
CHIEF JUSTICE RABNER and JUSTICES LaVECCHIA, ALBIN, PATTERSON, FERNANDEZ-VINA, SOLOMON, and TIMPONE join in this opinion.