STATE OF NEW JERSEY VS. MARCQUESE W. PAISLEY (15-06-0720, MIDDLESEX COUNTY AND STATEWIDE)
A-4154-15T2
| N.J. Super. Ct. App. Div. | Jul 26, 2017Background
- On Nov. 30, 2014, Marcquese Paisley forced his way into an Edison apartment, displayed a large knife, and ordered three occupants (T.S., H.S., J.C.) into a bathroom.
- Paisley threatened to cut J.C.'s throat and to stab T.S., kept them confined in the bathroom for about 20 minutes, then left.
- Victims identified Paisley to police; he later admitted the offense during a station interview and said he had been drinking.
- A grand jury indicted Paisley on multiple counts; under a plea agreement he pled guilty to amended second-degree kidnapping (N.J.S.A. 2C:13-1(b)) and third-degree possession of a weapon for unlawful purposes (N.J.S.A. 2C:39-4(d)).
- Paisley moved to withdraw his plea, arguing the plea colloquy lacked a factual basis for kidnapping (no "substantial distance" or "substantial period"); the trial court denied the motion and sentenced him to nine years on the kidnapping count (concurrent five years on the weapons count).
- On appeal, Paisley challenged (1) sufficiency of the factual basis for the kidnapping plea and (2) the length of the sentence under applicable sentencing standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there an adequate factual basis at plea for second-degree kidnapping under N.J.S.A. 2C:13-1(b)? | The State relied on the plea colloquy where defendant admitted pushing victims into the bathroom, brandishing a knife, threatening them, and holding them ~20 minutes — facts establishing confinement/isolation and risk. | Paisley argued the record did not show movement a "substantial distance" nor confinement for a "substantial period" necessary for the statute. | Affirmed — plea colloquy established isolation and increased risk (satisfying substantial distance) and confinement for a substantial period (~20 minutes). |
| Did the sentencing court abuse its discretion or fail to follow Case in imposing nine years? | The State argued aggravating factors (risk of reoffense, need for deterrence) were supported by defendant's prior convictions, probation violations, and commission of this crime while on strict probation. | Paisley argued mitigation (intoxication, mental/childhood issues, remorse, cooperation) warranted lesser sentence and the judge failed to follow Case. | Affirmed — appellate court found aggravating factors supported, requested mitigating factors not amply supported by record, and sentence did not shock the conscience. |
Key Cases Cited
- State v. Campfield, 213 N.J. 218 (requirement that plea colloquy address each element; factual basis for plea)
- State ex rel. T.M. v. X, 166 N.J. 319 (defendant must admit acts constituting crime)
- State v. Barboza, 115 N.J. 415 (remedy for inadequate factual basis — vacate plea)
- State v. Tate, 220 N.J. 393 (de novo review of denial to vacate plea for inadequate factual basis)
- State v. Perez, 220 N.J. 423 (need for comprehensive factual basis at plea)
- State v. Jackson, 211 N.J. 394 (analysis of "substantial distance" and "substantial period" elements for kidnapping)
- State v. Masino, 94 N.J. 436 ("substantial distance" not purely linear; isolation/increased risk test)
- State v. Purnell, 394 N.J. Super. 28 (additional risk/isolation supports substantial distance)
- State v. Matarama, 306 N.J. Super. 6 (short linear movement can be substantial if it increases isolation/risk)
- State v. La France, 117 N.J. 583 (confinement more than incidental to underlying crime for "substantial period")
- State v. Case, 220 N.J. 49 (standards for finding mitigating factors and sentencing analysis)
