State v. Crisoforo Montalvo (077331) (Monmouth and Statewide), A-76-15

Defendant Crisoforo Montalvo was charged with third-degree possession of a weapon for an unlawful purpose and fourth-degree unlawful possession of a weapon (machete); convicted of the fourth-degree count after a jury trial and sentenced to 540 days.
Late-night dispute with downstairs neighbor A.D.; A.D. heard fighting, knocked on ceiling, defendant allegedly descended, threw a table off the shared porch, and later answered his door holding a machete.
A.D. reported hearing sounds like chopping and observed patio damage the next morning consistent with a machete.
Defendant admitted breaking the table and said he grabbed the machete when A.D. banged on his door but claimed he did not hold it in a threatening manner and asserted a precautionary/defensive purpose.
Police recovered a machete from the apartment; trial jury asked whether self-defense counts as a lawful use for purposes of N.J.S.A. 2C:39-5(d).
Defendant appealed arguing (1) possession of a machete in one’s home for deterrence from outside is not a crime and (2) the jury charge inadequately instructed on self-defense/necessity and perspective of a reasonable person in defendant’s position.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to sustain unlawful-possession conviction under N.J.S.A. 2C:39-5(d)	State: Evidence (machete, late-night fight, table thrown, threat of harm) supports conviction	Montalvo: Possession in home for deterrence/self-protection is lawful; evidence insufficient	Conviction affirmed; viewed circumstances supported a reasonable jury finding unlawful possession
Applicability of self-defense/necessity to §5d offenses	State: Kelly controls; self-defense is limited for §5d except for spontaneous use in immediate danger	Montalvo: Kelly inapposite; jury needed a tailored instruction evaluating defendant’s perspective and necessity	No plain error; judge properly relied on Kelly and recharged jury to consider surrounding circumstances
Jury instruction adequacy regarding reasonable-person perspective	State: Charge and re-charge appropriately explained circumstances and reasonable-person threat inquiry	Montalvo: Charge failed to frame self-defense/necessity from defendant’s standpoint	No reversible error under plain-error standard; instruction was sufficient and counsel agreed to language
Preservation of sufficiency/weight-of-evidence challenge	State: Montalvo did not move for acquittal or new trial on weight grounds; appellate review limited	Montalvo: Challenges sufficiency on appeal	Issue largely forfeited; even on merits evidence was sufficient

State v. Kelly, 118 N.J. 370 (1990) (limits use of self-defense as justification for unlawful-possession under §5d to spontaneous, immediate responses to imminent danger)
State v. Irizarry, 270 N.J. Super. 669 (App. Div. 1994) (focus of §5d is circumstances of possession, not defendant’s subjective intent)
State in re G.C., 179 N.J. 475 (2004) (§5d requires circumstances showing a threat of harm to person or property)
State v. Reyes, 50 N.J. 454 (1967) (standard that appellate review views State's evidence in light most favorable to verdict)
State v. Chapland, 187 N.J. 275 (2006) (plain-error standard for unpreserved jury-charge claims)