State v. Karlton L. Blackmon (A-18-09) 6-9-10
Apart from those whose rights to speak at a sentencing
proceeding are established by the Constitution,
statutes, and Court Rules, the decision about who may
be heard remains within a sentencing court’s
discretion. Here, the error was not necessarily the
refusal to permit defendant’s step-father to speak,
but the failure to provide some expression of reasons
for that decision sufficient to permit appellate
review of whether the refusal was arbitrary or
capricious. The appropriate remedy is a remand to the
Law Division for an expression of reasons, not a
remand for resentencing.
