RECORD IMPOUNDED 

 SUPERIOR COURT OF NEW JERSEY 

 APPELLATE DIVISION 

 DOCKET NO. A-1149-23 

STATE OF NEW JERSEY, 

 Plaintiff-Respondent, 

v. 

GREGORY Q. GREEN, 

 Defendant-Appellant. 

________________________

Argued February 7, 2024 – Decided February 23, 2024 

Before Judges Vernoia and Walcott-Henderson. 

On appeal from an interlocutory order of the Superior 

Court of New Jersey, Law Division, Middlesex County, 

Indictment No. 23-06-0681. 

Joshua David Altman argued the cause for appellant 

(Benedict Altman & Nettl, LLC, attorneys; Joshua 

David Altman, on the brief). 

Randolph E. Mershon, III, Assistant Prosecutor, argued 

the cause for respondent (Yolanda Ciccone, Middlesex 

County Prosecutor, attorney; Randolph E. Mershon, III, 

of counsel and 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NOT FOR PUBLICATION WITHOUT THE 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.
2 A-1149-23

 By leave granted, defendant Gregory Q. Green appeals from a November 

17, 2023 order denying his motion to reopen his detention hearing under the 

Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. Having 

considered the record and arguments presented, the applicable legal principles, 

and the State's candid concession at oral argument that a remand is appropriate 

based on the unique circumstances presented, we vacate the court's order and 

remand for the court to reconsider defendant's motion to reopen on the merits. 

I.

 The pertinent facts are not disputed. On March 14, 2022, defendant was 

arrested and charged in a complaint-warrant alleging that on the same date, he 

committed the following offenses: third-degree burglary and fourth-degree 

criminal mischief. Defendant was separately arrested on March 14, 2022, on

charges he committed a third-degree burglary and third-degree theft on January 

8, 2022. 

The State moved for pretrial detention under the CJRA on the burglary 

and criminal mischief charges alleged in the complaint-warrant, and the Pretrial 

Services' Public Safety Assessment (PSA) yielded a score of four out of six for 

risk of failure to appear and five out of six for risk of new criminal activity. The 

PSA further showed that four days after his March 14, 2022 arrest, the State 
3 A-1149-23

separately charged defendant with an additional sixty-three offenses.1 At the 

time of his arrest, defendant had three prior criminal convictions, two for 

second-degree burglary and the other for third-degree possession of a controlled 

dangerous substance. The PSA recommended defendant's release with 

conditions. The court denied the State's motion for pretrial detention and 

released defendant on "Level III+" monitoring with conditions, which included 

strict home detention and required that defendant "not commit any offense 

during the period of release." 

 Later in March 2022, the State moved for revocation of defendant's 

pretrial release, claiming he violated the conditions of his release. The court 

denied the motion, finding the State failed to present clear and convincing 

evidence that revocation of defendant's release was "necessary to reasonably 

assure [his] appearance in court when required, the protection of the safety of 

any other person or the community, and that [he] will not obstruct or attempt to 

obstruct the criminal justice process." 

1

 The charges included third-degree burglary, third-degree theft, third-degree 

trespass, fourth-degree criminal mischief, and various disorderly persons 

offenses. The PSA shows the offenses were allegedly committed on various 

dates in 2021 and 2022 prior to defendant's March 14, 2022 arrest. The State 

did not move for pretrial detention on the sixty-one new charges listed as 

pending on the PSA. 
4 A-1149-23

 Four months later, a July 14, 2022 complaint-warrant charged defendant 

with fourth-degree tampering with physical evidence. More particularly, the 

complaint-warrant alleged that on or about April 8, 2022, defendant tampered 

with evidence—his personal Google account's location activity and map data—

related to the ongoing investigation of defendant's alleged involvement in 

various burglaries. 

 The State moved for pretrial detention on the tampering charge. The State 

did not, however, move for revocation of defendant's release on the March 14, 

2022 complaint-warrant based on defendant's alleged commission of the newlycharged tampering offense. 

 The PSA issued in connection with the State's motion for pretrial detention 

on the tampering charge showed risk scores of four out of six for failure to 

appear and six out of six for new criminal activity. The PSA included a "no 

release" recommendation and a new risk of violent activity flag. The PSA also 

listed over two hundred other then-pending charges, including those for which 

defendant was arrested on March 14, 2022, as well as others allegedly committed 

during the two years prior to that arrest.2

2

 The charges again included third-degree burglary, third-degree theft, thirddegree trespass, fourth-degree criminal mischief, and various disorderly persons 

offenses. 
5 A-1149-23

 On July 19, 2022, the court granted the State's motion for pretrial 

detention on the fourth-degree tampering charge. In a detailed order, the court 

explained the State had proffered that defendant had "contacted Google, 

Facebook and Comcast in order to delete data related to location, mapping and 

date range in an effort to obstruct the criminal case"—based on his March 14, 

2022 arrest—"against him." The court explained it was "satisfied that there are 

no conditions of release that will prevent defendant from obstructing the 

criminal justice process" because defendant was "charged with tampering while 

on home detention." 

 In September 2022, defendant moved to reopen the detention hearing and

for reconsideration of the detention order. In support of the motion, defendant 

argued he should be released pending trial because the State did not establish 

probable cause he committed the then-charged tampering offense. The court 

rejected the argument and denied the motion in an October 20, 2022 order and 

accompanying statement of reasons. We granted defendant's motion for leave 

to appeal from the court's order and summarily affirmed. 

 In June 2023, a grand jury returned an indictment charging defendant 

with: fourth-degree tampering with evidence, fourth-degree hindering 

apprehension of himself, and fourth-degree hindering the apprehension of 
6 A-1149-23

another individual. The charges arose from the allegations made in the 

complaint-warrant that had charged defendant with fourth-degree tampering for 

which the court had ordered his detention on July 19, 2022.

 Fifteen months later, in October 2023, defendant again moved to reopen 

his detention hearing, vacate the July 2022 pretrial detention order, and release 

defendant on non-monetary conditions. In support of the motion, defendant 

argued there was information not known when the July 2022 detention order was 

entered that had a material bearing on the court's release decision such that it 

warranted vacatur of the pretrial detention order and defendant's release pending 

trial. 

More particularly, defendant presented evidence that following the July 

2022 detention order, it was determined he was clinically eligible for admission 

into the Recovery Court program due to a substance abuse issue and that he was 

participating in a substance abuse program at the Middlesex County Adult 

Correction Center addressing "issues related to his substance abuse and its 

connection with his legal problems." Defendant also presented evidence 

demonstrating his completion of anger management counseling and 

participation in a four-month hospital-sponsored "Recovery Meeting." 

Defendant further presented evidence—a letter from the Middlesex County 
7 A-1149-23

Prosecutor's Office—proposing a plea offer that would result in a resolution of 

all the pending charges against defendant and include a recommendation for 

imposition of a ten-year custodial sentence with a two-year period of parole 

ineligibility. 

Defendant also argued that, at the time the motion was filed, he had been 

detained for fifteen months on the fourth-degree tampering charge that carried a 

maximum sentence of eighteen months. See N.J.S.A. 2C:43-6(a)(4) (providing 

the sentence for a fourth-degree offense "shall not exceed [eighteen] months"). 

Defendant claimed the length his then-detention, in relation to his potential 

maximum sentence, warranted a reopening of his detention hearing and 

reconsideration of the detention order. 

The court denied the motion. In a succinct statement of reasons 

supporting its decision, the court noted that defendant was detained on fourthdegree criminal "charges in which he was essentially tampering with evidence" 

and "tried to delete data related to location information that the State was 

seeking in its investigation of numerous burglaries." The court recognized that 

based on the length of his pretrial detention, defendant might "soon max out" on 

the sentence that could be imposed on the fourth-degree "charges" for which he 

was detained. The court rejected defendant's reliance on that circumstance, 
8 A-1149-23

reasoning that defendant was "still facing numerous separate [third-]degree 

burglar[y]" charges. 

The court further found the information concerning defendant's alleged 

commission of the tampering offense "was known at the previous detention 

hearing and . . . has not changed." The court rejected defendant's reliance on his 

participation in the various programs during his pretrial detention, finding it did

"not rise to the level of 'having material bearing on the release decision.'" The 

court entered a November 17, 2023 order denying defendant's motion. 

Although not addressed by the State or the court in connection with 

defendant's motion to reopen his detention hearing, in November 2023, a grand 

jury returned a forty-one count indictment against defendant charging him with 

various third- and fourth-degree offenses. The State did not separately seek 

defendant's detention on the charges in the indictment. 

At oral argument on defendant's present appeal, the State advised that 

defendant was recently charged in additional indictments with one-hundredfifty-five charges arising from the numerous complaints that have been filed 

against him over the past few years. Again, the State did not separately seek a 

detention order on those charges. 
9 A-1149-23

 On December 14, 2023, we granted defendant's motion for leave to appeal 

from the November 17, 2023 order denying his motion to reopen his detention 

hearing on the fourth-degree charges for which he has been detained since entry 

of the July 19, 2022 pretrial detention order. In support of his appeal, defendant 

makes the following argument: 

POINT I 

THE INTERESTS OF JUSTICE COMPEL THE 

GRANT OF LEAVE TO APPEAL, AND A REMAND 

FOR A DETENTION HEARING. 

II. 

 We review a trial court's release and detention determinations under the 

CJRA for an abuse of discretion. State v. S.N., 231 N.J. 497, 515 (2018). A 

court abuses its discretion when its decision "'rest[s] on an impermissible basis' 

or was 'based upon a consideration of irrelevant or inappropriate factors,'" ibid., 

(alteration in original) (quoting State v. Steele, 430 N.J. Super. 24, 34-35 (App. 

Div. 2013)), "'fails to take into consideration all relevant factors,'" or "'reflects 

a clear error in judgment,'" ibid. (quoting State v. Baynes, 148 N.J. 434, 444 

(1997)). 

A court's decision that is "'based upon a misconception of the law . . . is 

not entitled to any particular deference and consequently will be reviewed de 
10 A-1149-23

novo.'" Ibid. We also do not owe "'deference to a trial court['s] decision that 

fails to "provide factual underpinnings and legal bases supporting [its] exercise 

of judicial discretion."'" Ibid. (alterations in original) (quoting State v. C.W., 

449 N.J. Super. 231, 255 (App. Div. 2017)). Thus, "a trial court's decision not 

supported by articulable facts is not entitled to deference and may constitute an 

abuse of discretion." Ibid.; see also Flagg v. Essex Cnty. Prosecutor, 171 N.J. 

561, 571 (2002) (citation omitted) (explaining a court abuses its discretion in 

part when its decision is "made without a rational explanation"). 

Under the CJRA, a defendant is permitted to apply to reopen a detention 

hearing at any time prior to trial. State v. Hyppolite, 236 N.J. 154, 164 (2018). 

N.J.S.A. 2A:162-19(f) prescribes the standard governing an application to 

reopen a detention hearing. The statute provides in pertinent part that a 

detention 

hearing may be reopened . . . if the court finds that 

information exists that was not known to the prosecutor 

or the eligible defendant at the time of the hearing and 

that has a material bearing on the issue of whether there 

are conditions of release that will reasonably assure the 

eligible defendant's appearance in court when required, 

the protection of the safety of any other person or the 

community, or that the eligible defendant will not 

obstruct or attempt to obstruct the criminal justice 

process. 

[N.J.S.A. 2A:162-19(f).] 
11 A-1149-23

The statute provides the "path" for reconsideration of a detention decision "when 

(1) there is new information, or a change in circumstances, (2) that is material 

to the release decision." In re Request to Release Certain Pretrial Detainees, 

245 N.J. 218, 235 (2021). 

Where a court denies a motion to reopen a detention hearing, "it should 

provide a statement of reasons for review on appeal." Hyppolite, 236 N.J. at 

172; see also R. 1:7-4(a). A court's "[f]ailure to make explicit findings and clear 

statements of reasoning [impedes meaningful appellate review and] 'constitutes 

a disservice to litigants, the attorneys, and the appellate court.'" Gnall v. Gnall, 

222 N.J. 414, 428 (2015) (citation omitted). In addition, an abuse of discretion 

arises, at least in part, when a decision is "made without a rational explanation." 

Flagg, 171 N.J. at 571 (citation omitted). 

 Here, defendant argues the court abused its discretion by failing to make 

adequate findings of fact supporting its decision. Defendant further contends 

the court did not properly apply the standard for reopening a detention hearing 

under N.J.S.A. 2A:162-19(f) because it did not consider information—his "drug 

dependency" as confirmed by the Recovery Court assessment and his subsequent 

participation in a substance abuse program—that was not available when the 

pretrial detention order was entered in July 2022 and which he claims has a 
12 A-1149-23

material bearing on the release decision. Defendant also argues the court erred 

by failing to consider that he was detained only on fourth-degree offenses, 

relying on other charges for which he had not been detained, and not considering 

the State's plea offer in its determination of his motion. 

We are not persuaded by defendant's claim the Recovery Court 

determination that he suffers from a substance abuse issue, and his participation 

in a substance program while incarcerated pursuant to the July 19, 2022 pretrial 

detention order, support a reopening of his detention hearing under N.J.S.A. 

2A:162-19(f). In the first instance, defendant did not present any evidence his 

substance abuse issue—whether formally diagnosed or not—constituted 

information that was not known to him as the "eligible defendant at the time of 

the hearing." N.J.S.A. 2A:162-19(f). Thus, he failed to sustain his burden of 

establishing his substance abuse issue constituted "new information, or a change 

in circumstances" different than those extant when the court first entered the 

pretrial detention order. In re Pretrial Detainees, 245 N.J. at 235. 

Similarly, defendant attempts to make too much out of too little in arguing 

that his participation in a substance abuse treatment program during his pretrial 

detention represented a changed circumstance warranting a reopening of his 

detention hearing. The claim is unsupported by an affidavit or certification 
13 A-1149-23

supporting the facts on which it is based. See R. 1:6-6. Moreover, the letter 

defendant provides in support of the claim says nothing more than he has been 

"attending" the program and "present[ed] a willingness to address his issues 

related to his substance abuse." The letter does not describe the program, state 

that he completed it, offer a prognosis or assessment, or otherwise provide any 

information that constitutes a changed circumstance that appears in any manner 

"material to the release decision." In re Pretrial Detainees, 245 N.J. at 235. 

 We therefore reject defendant's claim the court erred by denying his 

motion to the extent it is founded on his claim the Recovery Court determination 

that he suffered from a substance abuse issue and his participation in the 

substance abuse program required a reopening of his detention hearing. The 

putative evidence he presented in support of the claim is inadequate to sustain 

his burden under N.J.S.A. 2A:162-19(f). 

 The same cannot be said about defendant's claim he was entitled to a 

reopening of his detention hearing because at the time the court decided his 

motion—November 17, 2023—he had been detained for sixteen months on 

charges for which the maximum sentence that could reasonably be expected to 

be imposed if he is convicted is only eighteen months. See N.J.S.A. 2C:43-

6(a)(4). Indeed, at present, defendant has been detained pretrial for nineteen 
14 A-1149-23

months, one month in excess of the maximum sentence the parties agree could 

reasonably be expected to be imposed if defendant is convicted of the three 

pending fourth-degree offenses that arose out of the complaint-warrant charging 

the fourth-degree tampering offense for which he is being detained.3 

 The motion court abused its discretion by rejecting defendant's claim that 

the length of his pretrial detention on the fourth-degree offenses—in relation to 

his potential maximum sentence—warranted a reopening of his detention 

hearing under N.J.S.A. 2A:162-19(f). The court rejected the claim, reasoning 

the length of defendant's detention on the fourth-degree charges for which his 

pretrial detention was ordered did not require a reopening of defendant's 

detention hearing because of the numerous other charges, including many thirddegree offenses, presently pending against him. 

3

 In a refreshing expression of candor, the State also conceded the principles 

applicable to the imposition of consecutive sentences of imprisonment under 

State v. Yarbough, 100 N.J. 627 (1985), would not likely support the imposition 

of consecutive sentences on the three pending fourth-degree offenses in the 

indictment if defendant is convicted of the offenses at trial. Although not bound 

by that concession if the matter proceeds to trial, the State concedes that for 

purposes of defendant's motion to reopen his detention hearing, defendant has 

been detained at present in excess of the maximum period—eighteen months—

for which he would likely be sentenced if convicted of the three fourth-degree 

offenses. See N.J.S.A. 2C:43-6(a)(4). 
15 A-1149-23

In making that determination, the court did not consider that the only 

extant detention order—the one for which defendant sought a reopening of his 

detention hearing—was issued solely based on the complaint-warrant for 

tampering that later resulted in defendant's indictment on three fourth-degree 

offenses. The State never sought revocation of defendant's original release on 

the March 2022 burglary and criminal mischief charges for which he had been 

released on Level III+ monitoring, even after defendant allegedly committed the 

tampering offense for which he has been detained. The State also has never 

sought a pretrial detention order on the numerous other charges for which 

defendant has been subsequently charged, arrested, and indicted. 

It was an error for the court to reject defendant's motion to reopen his 

detention hearing based simply on the pendency of other charges for which the 

State has not seen fit to request detention. By doing so, the court effectively 

made a detention determination on those other charges without affording 

defendant the protection of procedural requirements and safeguards embodied 

in the CJRA to which he is entitled. 

A defendant may seek a reopening of a detention hearing based on a claim 

of unduly prolonged pretrial detention under two sources of authority—N.J.S.A. 

2A:162-19(f) and constitutional principles. See In re Pretrial Detainees, 245 
16 A-1149-23

N.J. at 230. Under the latter source, "due process concerns impose limits on 

how long a defendant may be held in custody before trial," because "if pretrial 

detention . . . is significantly prolonged, a defendant's confinement may become 

punitive." Id. at 231 (citation omitted). Here, defendant sought a reopening of 

his detention hearing under N.J.S.A. 2A:162-19(f). 

In Matter of Pretrial Detainees, the Court considered whether defendants 

whose pretrial detentions were prolonged due to the COVID-19 pandemic were 

entitled to reopen their detention hearings under N.J.S.A. 2A:162-19(f). 245 

N.J. at 231-32. The Court determined that "[t]he unexpected duration of the 

pandemic" and the attendant "continued suspension of jury 

trials . . . constitute[d] new information or a change in circumstances" sufficient 

to satisfy the requirements of the first prong of the standard for reopening under 

N.J.S.A. 2A:162-19(f). Id. at 236.

Here, based on the unique circumstances presented, we similarly conclude 

that the confluence of factors resulting in defendant's pretrial detention for time 

now exceeding the maximum period for which he could reasonably be sentenced 

if convicted of the only charges for which he is being detained constitute a 

sufficient change of circumstances warranting reopening under the first prong 

of the statutory standard. Id. at 235; N.J.S.A. 2A:162-19(f). For that reason, we 
17 A-1149-23

vacate the court's order and remand for it to reconsider defendant's motion to 

reopen his detention hearing under N.J.S.A. 2A:162-19(f), address and make 

findings under the second prong—materiality—of the statutory standard, and 

decide the motion anew. 

We note the court did not make any findings concerning the materiality 

prong of the statutory standard other than a conclusory determination defendant 

did not satisfy it. Defendant's claim concerning the length of his pretrial 

detention as a change in circumstances requires more under Matter of Pretrial 

Detainees. 245 N.J. at 237. A determination of materiality requires an analysis 

of "whether the circumstances" at the present time "warrant a defendant's 

continued detention," and that analysis "calls for a renewed examination of 

whether any combination of conditions would reasonably assure against the risk 

of non-appearance, danger, or obstruction in light of" defendant's continuation 

beyond the time he could otherwise reasonably be expected to serve as a 

maximum sentence for the three fourth-degree offenses for which he is presently 

being detained pursuant to the July 19, 2022 order. See ibid.

In assessing those risks, the Court has suggested consideration of the 

following factors pertinent here: "1. The length of detention to date as well as 

the projected length of ongoing detention[,]" id. at 237; "2. [w]hether a 
18 A-1149-23

defendant has been or will be in detention longer than the likely amount of time 

the person would actually spend in jail if convicted[,]" id. at 238; "3. [t]he 

existence and nature of a plea offer[,]" ibid.; and "[4.] [o]ther factors relevant to 

pretrial detention that are outlined in N.J.S.A. 2A:162-20[,]" id. at 239.4 

On remand, the court shall permit the parties to supplement their 

submissions and make such additional arguments and requests as they deem 

appropriate and pertinent to defendant's motion to reopen his detention hearing 

under N.J.S.A. 2A:162-19(f). The court shall consider and decide the motion 

based on the record presented and shall make findings of fact and conclusions 

of law supporting its determination. R. 1:7-4. Our decision to vacate and 

remand for further proceedings shall not be interpreted as expressing an opinion 

on the merits of defendant's motion. 

Vacated and remanded for further proceedings in accordance with this 

decision. We do not retain jurisdiction. 

4

 The Court also identified an additional factor, "[a] defendant's particularized 

health risks, if any, and whether they present a heightened risk the individual 

will contract COVID-19[,]" id. at 239, that is inapplicable here.