New Jersey Statutes
N.J. Stat. § 2C:44-4 (2026)
Definition of prior conviction; conviction in another jurisdiction; proof of prior conviction
✓ current as of May 2026
2C:44-4. Definition of Prior Conviction; Conviction in Another Jurisdiction; Proof of Prior Conviction.
a. Prior conviction of an offense. An adjudication by a court of competent jurisdiction that the defendant committed an offense constitutes a prior conviction.
b. Prior conviction of a crime. An adjudication by a court of competent jurisdiction that the defendant committed a crime constitutes a prior conviction, although sentence or the execution thereof was suspended, provided that the time to appeal has expired and that the defendant was not pardoned on the ground of innocence.
c. Prior conviction in another jurisdiction. A conviction in another jurisdiction shall constitute a prior conviction of a crime if a sentence of imprisonment in excess of one year was authorized under the law of the other jurisdiction.
d. Proof of prior conviction. Any prior conviction may be proved by any evidence, including fingerprint records made in connection with arrest, conviction or imprisonment, that reasonably satisfies the court that the defendant was convicted.
Notes of Decisions
Cited in 21
cases (15 in the last 5 years), 1995–2026 · leading case: State v. Williams, 663 A.2d 1378 (N.J. Super. Ct. App. Div. 1995).
State v. Williams, 663 A.2d 1378 (N.J. Super. Ct. App. Div. 1995). “1993); N.J. Stat. Ann. § 2C:44-4(c) (West 1982); N.”
In the Matter of P.F.C. (N.J. Super. Ct. App. Div. 2024). “As the judge stated in her amplified reasoning, knowing that "he was required to disclose" his 1994 New York gun conviction, P.”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “See Section X, infra, discussing N.J.S.A. 2C:44-4(c). A-0532-22 12 As we have noted, on June 21, 2024—after both defendant and the State filed their initial briefs in this appeal—the United States Supreme Court decided Erlinger, which held that a jury, not the sentencing judge,…”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “d brief that the trial judge failed to provide reasons to impose the 10 But even accepting, for argument's sake, that defendant's New York robbery conviction is congruent to a third-degree theft-from-a-person crime under New Jersey law, the fact remains that the New York…”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “d brief that the trial judge failed to provide reasons to impose the 10 But even accepting, for argument's sake, that defendant's New York robbery conviction is congruent to a third-degree theft-from-a-person crime under New Jersey law, the fact remains that the New York…”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “See Section X, infra, discussing N.J.S.A. 2C:44-4(c). A-0532-22 13 In Apprendi, the United States Supreme Court changed the legal landscape for imposing enhanced sentences.”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “at the trial judge failed to provide reasons to impose the discretionary 10 But even accepting, for argument's sake, that defendant's New York robbery conviction is congruent to a third-degree theft-from-a-person crime under New Jersey law, the fact remains that the New York…”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “at the trial judge failed to provide reasons to impose the discretionary 10 But even accepting, for argument's sake, that defendant's New York robbery conviction is congruent to a third-degree theft-from-a-person crime under New Jersey law, the fact remains that the New York…”
State v. Jamel Carlton (N.J. 2025). “See Section X, infra, discussing N.J.S.A. 2C:44-4(c). A-0532-22 13 In Apprendi, the United States Supreme Court changed the legal landscape for imposing enhanced sentences.”
State of New Jersey Vs. Michael Clarity (13-10-0621, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “" N.J.S.A. 2C:44-4(d) (emphasis added). While spelling out what is required when the State seeks to prove a prior conviction, the Legislature left a vacuum as to other aspects of what it means to be a persistent offender.”
State of New Jersey Vs. Emmanuel John (17-10-0756, Union Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2021). “The judge held that defendant's 2007 conviction for third-degree drug possession was inadmissible as too remote, but the 2010 New York conviction should be sanitized and admitted for impeachment purposes pursuant to N.”
In the Matter of the Appeal of the Denial of Robert Goworek's Application, Etc. (N.J. Super. Ct. App. Div. 2024). “A-2399-21 2 On appeal, the State concedes N.J.S.A. 2C:44-4(c) was amended shortly before the hearing so that only a prior out-of-state conviction with a sentence in excess of one year could be a basis for disqualification under N.”
— N.J. Stat. § 2C:44-4(a)(2) — 1 case
State of New Jersey v. Judith Bey (N.J. Super. Ct. App. Div. 2026).
— N.J. Stat. § 2C:44-4(b) — 1 case
State of New Jersey v. Norman P. Dobres (N.J. Super. Ct. App. Div. 2024).
— N.J. Stat. § 2C:44-4(c) — 16 cases
State v. Williams, 663 A.2d 1378 (N.J. Super. Ct. App. Div. 1995). “1993); N.J. Stat. Ann. § 2C:44-4(c) (West 1982); N.”
In the Matter of P.F.C. (N.J. Super. Ct. App. Div. 2024). “As the judge stated in her amplified reasoning, knowing that "he was required to disclose" his 1994 New York gun conviction, P.”
State of New Jersey Vs. Emmanuel John (17-10-0756, Union Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2021). “The judge held that defendant's 2007 conviction for third-degree drug possession was inadmissible as too remote, but the 2010 New York conviction should be sanitized and admitted for impeachment purposes pursuant to N.”
In the Matter of the Appeal of the Denial of Robert Goworek's Application, Etc. (N.J. Super. Ct. App. Div. 2024). “A-2399-21 2 On appeal, the State concedes N.J.S.A. 2C:44-4(c) was amended shortly before the hearing so that only a prior out-of-state conviction with a sentence in excess of one year could be a basis for disqualification under N.”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “See Section X, infra, discussing N.J.S.A. 2C:44-4(c). A-0532-22 12 As we have noted, on June 21, 2024—after both defendant and the State filed their initial briefs in this appeal—the United States Supreme Court decided Erlinger, which held that a jury, not the sentencing judge,…”
— N.J. Stat. § 2C:44-4(d) — 8 cases
State of New Jersey Vs. Michael Clarity (13-10-0621, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “" N.J.S.A. 2C:44-4(d) (emphasis added). While spelling out what is required when the State seeks to prove a prior conviction, the Legislature left a vacuum as to other aspects of what it means to be a persistent offender.”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “See Section X, infra, discussing N.J.S.A. 2C:44-4(c). A-0532-22 12 As we have noted, on June 21, 2024—after both defendant and the State filed their initial briefs in this appeal—the United States Supreme Court decided Erlinger, which held that a jury, not the sentencing judge,…”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “d brief that the trial judge failed to provide reasons to impose the 10 But even accepting, for argument's sake, that defendant's New York robbery conviction is congruent to a third-degree theft-from-a-person crime under New Jersey law, the fact remains that the New York…”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “d brief that the trial judge failed to provide reasons to impose the 10 But even accepting, for argument's sake, that defendant's New York robbery conviction is congruent to a third-degree theft-from-a-person crime under New Jersey law, the fact remains that the New York…”
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024). “See Section X, infra, discussing N.J.S.A. 2C:44-4(c). A-0532-22 13 In Apprendi, the United States Supreme Court changed the legal landscape for imposing enhanced sentences.”
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