STATE OF NEW JERSEY VS. NICHOLAS KIRIAKAKIS(11-04-0877, BERGEN COUNTY AND STATEWIDE)
A-3061-15T2
| N.J. Super. Ct. App. Div. | Aug 28, 2017Background
- Defendant Nicholas Kiriakakis was convicted by a jury of second-degree conspiracy to distribute cocaine and third-degree hindering apprehension.
- Original sentence on the conspiracy count was eight years with four years of parole ineligibility, consecutive to five years with 2.5 years parole ineligibility for hindering, totaling 13 years with 6.5 years parole ineligibility, plus a $150,000 fine.
- Appellate Division remanded for resentencing without consideration of aggravating factor one, following the prior slip opinion affirming conviction but directing resentencing.
- At the resentencing hearing, Judge Steele imposed eight years (parole ineligibility four) for conspiracy and four years for hindering, totaling 12 years with four years parole ineligibility, and kept a $150,000 fine.
- Judge Steele relied on aggravating factors 3, 5, and 9 and mitigating factors 7 and 8 in her memorandum, and provided a detailed recitation of the State’s evidence since she did not preside over the trial.
- On appeal, defendant challenged N.J.S.A. 2C:43-6(b) under Blakely and Alleyne, and the appropriateness of the resentencing, which the court ultimately affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does N.J.S.A. 2C:43-6(b) violate the Sixth Amendment? | Kiriakakis argues Blakely/Alleyne require jury facts for parole-ineligibility. | Kiriakakis asserts mandatory parole terms are unconstitutional under Alleyne. | No violation; parole ineligibility under 2C:43-6b is discretionary. |
| Was the resentencing properly limited to not considering aggravating factor one? | State maintains proper remand scope was followed; other arguments lack merit. | Defendant challenged the resentencing beyond the remand scope. | Affirmed; resentencing adhered to the remand instruction to omit aggravating factor one. |
Key Cases Cited
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004) (mandatory-minimum sentence based on facts not proved to a jury violates Sixth Amendment)
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013) (facts that increase mandatory sentences must be submitted to a jury)
- State v. Abdullah, 184 N.J. 497 (N.J. 2005) (upholds constitutionality of parole-ineligibility within sentencing framework)
- State v. Grate, 220 N.J. 317 (N.J. 2015) (discussion of Graves Act issues and constitutional questions)