STATE OF NEW JERSEY VS. AL J. DELBRIDGE, JR. (15-03-0372, HUDSON COUNTY AND STATEWIDE), A-1508-18

Background

Defendant Al J. Delbridge, Jr., a convicted felon (1995 conviction), was arrested on November 12, 2014, with a loaded, defaced .38 Lorcin handgun after police observed him with a bulge at his waistband and he ran from officers.
Indicted on multiple counts, all were dismissed except one count: certain persons not to have any firearms, N.J.S.A. 2C:39-7(b)(1); he was tried by jury on that single count.
Defendant testified he found the gun in trash, intended to turn it in via a gun buyback (or to the police), and carried it briefly while sobering up; he claimed no unlawful purpose.
At trial defense requested jury instructions on (a) considering defendant’s purpose for possession (including a buyback hypothetical) and (b) mistake; the court declined, instructing from the model charge that possession requires knowing, intentional control and knowledge of the item’s character.
Jury asked during deliberations whether intent mattered; the court reiterated the model charge language. Jury convicted; court denied new trial and sentenced defendant to the five-year Graves Act mandatory minimum with five years parole ineligibility.
On appeal defendant argued the trial court erred by not instructing on purpose and mistake and by failing to consider the real-time consequences of parole disqualification; the Appellate Division affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether jury should be instructed that defendant’s purpose for possessing the gun (intent to surrender) is relevant to guilt under N.J.S.A. 2C:39-7(b)(1)	Purpose is not an element; model charge on knowing possession suffices	Purpose (intent to turn in gun) negates possession for sufficient time to be guilty; jury should hear hypothetical	Rejected — purpose is not an element; model instruction was adequate
Whether jury should be instructed on the defense of mistake (belief buyback existed / could surrender gun)	Mistake does not negate knowing possession of a firearm	Mistake about buyback/legal ability to surrender negates mens rea	Rejected — defendant’s asserted mistakes did not negate his knowing, intentional control
Whether the court’s response to jury question about "intent" created confusion requiring a new trial	Court’s rereading of the possession/knowledge instruction answered question adequately	Repetition of abstract law confused jury and failed to tailor law to facts	Rejected — answer was consistent with charge and not misleading
Whether the Graves Act escape valve (N.J.S.A. 2C:43-6.2) or consideration of "real-time consequences" could avoid the five-year parole ineligibility	Graves Act escape valve does not apply to subsection 2C:39-7(b)(1); mandatory minimum required	Court should consider real-time parole consequences and apply escape valve	Rejected — escape valve does not cover (b)(1); mandatory five-year term affirmed

Key Cases Cited

State v. R.B., 183 N.J. 308 (model jury charges are presumed proper)
State v. Brown, 185 N.J. Super. 489 (certain-persons statute does not require proof of purpose of possession)
State v. Jones, 198 N.J. Super. 553 (circumstances of possession may matter when item’s nature is ambiguous)
State v. Sexton, 160 N.J. 93 (mistake of fact can negate mental state for specific intent crimes)
State v. Overton, 357 N.J. Super. 387 (definition of acting knowingly with respect to conduct/circumstances)
State v. Nance, 228 N.J. 378 (interpretation of Graves Act provisions)
State v. Concepcion, 111 N.J. 373 (better practice to mold charges to facts, but not required when facts are straightforward)
State v. Wickliff, 378 N.J. Super. 328 (distinguishing mistakes of law relevant to proof of elements)