State v. Randolph

The issue in this appeal is whether defendant Buddy Randolph should have been permitted, at the remand for his resentencing, to present evidence of his post-sentencing rehabilitative efforts. The resentencing court declined to consider the evidence based on its perception of the limited nature of the remand.

We find that the language of the Appellate Division’s remand order leaves room for ambiguity and that resolution of this dispute turns on a close examination of the exchanges during argument between the appellate panel and counsel. As defendant contends, those exchanges support that in…