SUPERIOR COURT OF NEW JERSEY 

 APPELLATE DIVISION 

 DOCKET NO. A-2691-21 

BRANDAN ARMS, 

 Appellant, 

v.

NEW JERSEY STATE 

PAROLE BOARD, 

 Respondent. 

______________________

Submitted November 6, 2023 – Decided November 20, 2023 

Before Judges Sabatino and Chase. 

On appeal from the New Jersey State Parole Board. 

Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi

& Gill, attorneys for appellant (Elliott J. Almanza, on 

the brief). 

Matthew J. Platkin, Attorney General, attorney for 

respondent (Sookie Bae-Park, Assistant Attorney 

General, of counsel; Dorothy M. Rodriguez, Deputy 

Attorney General, on the brief). 

PER CURIAM 

NOT FOR PUBLICATION WITHOUT THE 

APPROVAL OF THE APPELLATE DIVISION 

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the 

internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
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Appellant Brandon Arms appeals from an April 27, 2022 final agency 

decision by the New Jersey State Parole Board (Board) revoking his parole and 

ordering him to serve eighteen months in state prison for violating the terms of 

his parole supervision for life (PSL). We affirm. 

I.

We set forth the following procedural history to give context to the 

Board's decision. In 2010, Arms was convicted and sentenced to three years in 

prison for third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). 

In addition to his custodial term, Arms was sentenced to a mandatory term of 

PSL. Arms was released on parole on August 8, 2012. 

Arms failed to comply with his PSL conditions and returned to custody in 

2014. After being released from custody in early 2015, he was quickly arrested

and taken into custody for unlawful possession of a sawed-off shotgun in 

December 2015. Arms pled guilty to possession of a weapon by a certain person 

having a prior conviction, N.J.SA. 2C:39-7(b), and was sentenced to a term of 

five years in state prison with forty-two months of parole ineligibility. Arms 

was released from incarceration, and parole supervision commenced on June 6, 

2019. 
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In June 2021, parole officers received a tip that Arms may have been in 

possession of a firearm, involved in narcotics transactions, and stored the 

prohibited items in the space beneath the bottom drawer of the dresser in his

bedroom. 

On June 25, 2021, parole officers arrived at Arms' home to conduct a 

search. Arms was not home when the officers first arrived, but after Officer 

Cruz called to alert him to their presence and intent to search, he arrived home 

in his Ford Mustang within five minutes. Arms was the sole occupant of the 

car, which was registered to him. 

In Arms' bedroom, in the space beneath the bottom drawer of the dresser, 

the parole officers found two battery-operated scales and one box of fifty rounds 

of .25-caliber ammunition. A search of Arms' vehicle revealed a small 

.25-caliber automatic handgun in the car's center console with ten rounds in the 

magazine and no round in the chamber. A search of the vehicle's trunk also 

revealed: a box containing fifty rounds of .25-caliber ammunition; fifteen loose 

9-millimeter rounds; sixty-seven small plastic Ziploc-style baggies; one grinder; 

and nine marijuana seeds in a small tube. The .25-caliber ammunition found in 

the trunk and bedroom matched that found in the gun. 
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After the discovery of the items, Arms was taken into custody without 

issue and served with a notice of probable cause hearing. Senior Parole Officer 

Jose Cruz testified at the probable cause hearing to his findings, which 

corroborated the above facts. Arms was represented by counsel during the 

hearing and presented his girlfriend and mother of one of his children, M.T., as 

a witness to his defense. 

Arms and M.T. testified that the tipster was appellant's ex-partner who 

was motivated by a dispute between the tipster and Arms over parental custody 

of their shared child. Arms testified the tipster was "jealous of [M.T.'s] 

relationship with [him]," and had previously threatened him and sought his 

return to custody. He further testified he tested negative for drugs and had a 

medical marijuana card. M.T. testified the tipster had previously threatened and 

stalked her. She also testified Arms never sold drugs or owned weapons while 

they were together. 

The hearing officer sustained probable cause for one of the two charged 

parole violations. He found probable cause that Arms violated PSL conditions 

because he was in possession of a loaded firearm. The hearing officer found 

that Arms had not violated other conditions of PSL as he had a medical 

marijuana card and was thus permitted to have paraphernalia and seeds. 
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A final revocation hearing was held in November 2021. Officer Cruz 

again testified as to what was found in the search of Arms' house and car. Arms 

testified that he was unaware the gun was in his vehicle. He further testified he 

had been compliant with the terms of his parole supervision. 

M.T. testified that on June 21, 2021, three days before the search warrant 

was executed, she found a shiny object on the ground near the outside perimeter 

of her residence. When she realized it was a gun, she picked it up with a 

newspaper and placed it in the middle console of Arms' car for safekeeping from 

her children, particularly her oldest son who was then thirteen years old. She 

noted she was never able to inform Arms that she had placed a gun in his car 

because he was asleep when she came in that night, and he had left the home 

before she had a chance to tell him. M.T. further explained her difficulty 

communicating with Arms due to relationship issues and his refusal to answer 

her calls. 

The hearing officer found Officer Cruz to be credible and reliable and 

noted that Arms had previously failed to refrain from possessing firearms, as his 

PSL had been revoked in both 2014 and 2016 for his possession of firearms. 

Moreover, the hearing officer did not find the testimony of Arms and M.T. to be 

credible and reliable. Further, he found the testimony given by Arms and M.T. 
6 A-2691-21

did not negate the evidence and testimony presented by Officer Cruz. The 

hearing officer issued a decision finding Arms had committed a parole violation 

and recommended to the Board panel that they revoke parole and impose an 

eighteen-month period of incarceration. 

In December 2021, Arms' counsel submitted additional written comments 

to the Board panel, stating there was a lack of clear and convincing evidence 

that Arms was in possession of a firearm. The Board panel reviewed the record 

and accepted the hearing officer's credibility findings. The Board panel 

determined the violation represented Arms' third violation of the terms of his 

PSL and the violation was serious. The Board panel revoked Arms' parole and 

ordered that he be incarcerated for eighteen-months. 

On April 27, 2022, the entire Board issued a final agency decision 

affirming the panel's decision. This appeal followed. 

II. 

Arms raises the following issue on appeal: 

The State did not present clear and convincing evidence 

that Appellant knowingly possessed a firearm, hence

the parole board erred in revoking his parole. 

"Our role in reviewing an administrative agency's decision is limited." 

Malacow v. N.J. Dep't of Corr., 457 N.J. Super. 87, 93 (App. Div. 2018) (citing 
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Circus Liquors, Inc. v. Governing Body of Middletown Twp., 199 N.J. 1, 9 

(2009)). "Our review of the Parole Board's determination is deferential in light 

of its expertise in the specialized area of parole supervision." J.I. v. N.J. State 

Parole Bd., 228 N.J. 204, 230 (2017) (citing McGowan v. N.J. State Parole Bd., 

347 N.J. Super. 544, 563 (App. Div. 2002)). We recognize that "[t]o a greater 

degree than is the case with other administrative agencies, the . . . Board's 

decision-making function involves individualized discretionary appraisals." 

Trantino v. N.J. State Parole Bd., 166 N.J. 113, 201 (2001) (citing Beckworth v. 

N.J. State Parole Bd., 62 N.J. 348, 358-59 (1973)). Such appraisals are 

presumed valid. McGowan, 347 N.J. Super. at 563. Accordingly, "we will 

reverse a decision of the Board only if the offender shows that the decision was 

arbitrary or unreasonable, lacked credible support in the record, or violated 

legislative policies." K.G. v. N.J. State Parole Bd., 458 N.J. Super. 1, 30 (App. 

Div. 2019) (citing Trantino v. N.J. State Parole Bd, 154 N.J. 19, 24-25 (2019)). 

See also Application of Hawley, 192 N.J. Super. 85, 89 (App. Div. 1983), aff'd 

sub nom. In re Hawley, 98 N.J. 108 (1984). 

The question for the court is "'whether the findings made could reasonably 

have been reached on sufficient credible evidence present in the record,' 

considering 'the proofs as a whole,' with due regard to the opportunity of the one 
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who heard the witnesses to judge of their credibility." Close v. Kordulak Bros., 

44 N.J. 589, 599 (1965) (quoting State v. Johnson, 42 N.J. 146, 162 (1964)). 

Credibility determinations made by those able to hear and see the individual are 

entitled to substantial deference. See Goulding v. N.J. Friendship House, Inc., 

245 N.J. 157, 167 (2021); N.J. Dep't of Envtl. Prot. v. Huber, 213 N.J. 338, 374 

(2013); H.K. v. State of N.J., 184 N.J. 367, 384 (2005); Clowes v. Terminix Int'l 

Inc., 109 N.J. 575, 587-88 (1988). Additional deference is afforded to the 

agency because their expertise is a pertinent factor. Close, 44 N.J. at 599. 

"A person who has been sentenced to a term of parole supervision and is 

on release status in the community pursuant to . . . [N.J.S.A.] 2C:43–7.2 is 

subject to the provisions and conditions set by the appropriate board panel." 

N.J.S.A. 30:4–123.51b(a). The Board has authority "to revoke the person's 

release status and return the person to custody for the remainder of the term or 

until it is determined, in accordance with regulations adopted by the board, that 

the person is again eligible for release . . .." Ibid. 

"The Board must exercise its authority to revoke release status 'in 

accordance with the procedures and standards' codified in N.J.S.A. 30:4–123.59 

through N.J.S.A. 30:4–123.65." Hobson v. New Jersey State Parole Bd., 435 

N.J. Super. 377, 382 (App. Div. 2014) (quoting N.J.S.A. 30:4-123.51b(a)). 
9 A-2691-21

Revocation of parole is permitted only when clear and convincing evidence 

shows that the person "has seriously or persistently violated the conditions," 

N.J.S.A. 30:4–123.60(b) and N.J.S.A. 30:4–123.63(d), or if they have been 

"convicted of a crime" while released, N.J.S.A. 30:4–123.60(c). "That standard 

of proof requires evidence that persuades the fact finder 'that the truth of the 

contention is "highly probable."'" Hobson, 435 N.J. Super. at 387 (quoting In 

re Perskie, 207 N.J. 275, 290 (2011)). 

One condition of Arms' release was that he was not to possess a firearm. 

Arms argues his possession "cannot be based on mere presence at the place 

where the contraband is located. There must be other circumstances or 

statements permitting the inference of defendant's control of the contraband." 

State v. Scott, 398 N.J. Super. 142, 150-51 (App. Div. 2006). However, N.J.S.A. 

2C:39-2 contains several codified presumptions, including: 

a. . . . When a firearm . . . is found in a vehicle, it is

presumed to be in the possession of the occupant if

there is but one. If there is more than one occupant in

the vehicle, it shall be presumed to be in the possession 

of all, except under the following circumstances: 

. . . . 
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(2) When the vehicle is not a stolen one and the 

weapon or other instrument is found out of view in a 

glove compartment, trunk or other enclosed customary 

depository, it shall be presumed to be in the possession 

of the occupant or occupants who own or have authority 

to operate the vehicle; . . . . 

This presumption allows the factfinder to draw an inference of possession. State 

v. Bolton, 230 N.J. Super. 476, 480-81 (App. Div. 1989). 

We must be deferential to the Board's credibility findings. See, e.g., N.J. 

Friendship House, Inc., 245 N.J. at 167. The Board's finding that Arms and 

M.T. lacked credibility is not arbitrary, as their testimony contained several 

logical gaps. For example, as already noted, their testimony did not account for 

the fact that the parole officer found ammunition matching the gun in the trunk 

of Arms' car and in his bedroom. Additionally, M.T. testified she was distraught 

and scared for her children upon finding the gun, yet she did not seek help from 

Arms, who was at her residence and familiar with guns, until after she claims to 

have picked up the gun and placed it in his car. She also testified that despite 

trying to tell Arms of the loaded gun she placed in his car, she did not wake him, 

text him after he left, or otherwise manage to inform him she had placed a gun 

in his car while he was on parole. 

Here, the credible facts support the inference that Arms knowingly 

possessed the gun because the gun was found in a car owned by him, in which 
11 A-2691-21

he was observed to be the sole driver at the time it was discovered. Additionally, 

ammunition matching the bullets in the gun was found both in the trunk of Arms' 

vehicle and hidden under a drawer in his bedroom at his residence. While Arms 

and M.T. offered testimony denying his culpable mental state, their testimony 

was found to lack credibility by the hearing officer, and it did not, beyond mere 

speculation, account for how the compatible ammunition came to be both in 

Arms' home and the trunk of his car without his knowledge. Therefore, there 

was sufficient "clear and convincing" credible evidence supporting a finding 

that Arms "failed to refrain from owning or possessing firearms, as defined by 

N.J.S.A. 2C:39-1(f), for any purpose" in violation of his parole agreement. 

Affirmed.