State of New Jersey v. Jaclyn M. Applegate

New Jersey Superior Court Appellate Division·Decided May 28, 2026·No. A-2169-23·Unpublished

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION

DOCKET NO. A-2169-23

STATE OF NEW JERSEY, Plaintiff-Respondent,

v. JACLYN M. APPLEGATE,

Defendant-Appellant.

Submitted May 18, 2026 – Decided May 28, 2026 Before Judges Sabatino and Natali.

On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 23-08-1395.

Jennifer N. Sellitti, Public Defender, attorney for appellant (Colin Sheehan, Assistant Deputy Public Defender, of counsel and on the briefs).

Bradley D. Billhimer, Ocean County Prosecutor, attorney for respondent (Samuel Marzarella, Chief Appellate Attorney, of counsel and on the brief; Cheryl L. Hammel, Assistant Prosecutor, on the brief).

PER CURIAM

After a jury convicted defendant Jaclyn M. Applegate for obstructing the administration of law or other governmental functions, N.J.S.A. 2C:29-1(a), and unlawful possession of a weapon, N.J.S.A. 2C:39-5(d), both fourth-degree crimes, she was sentenced to concurrent terms of twelve-months of probation plus related fines and costs. Before us, she challenges only her convictions and argues:

POINT I

[HER] CONVICTIONS MUST BE REVERSED BECAUSE THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT EVERY ESSENTIAL ELEMENT OF OBSTRUCTION AND THE UNLAWFUL POSSESSION OF A WEAPON.

a. The State failed to prove beyond a reasonable doubt that [she] acted with the purpose of obstruction.

b. The State failed to prove beyond a reasonable doubt that [she] possessed the pocketknife under circumstances not manifestly appropriate for lawful use.

For the reasons that follow, we disagree with all of defendant's arguments and accordingly affirm her convictions.

I.

After her arrest following an incident on January 19, 2021, defendant was charged with third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(a); fourth-

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degree obstructing; fourth-degree possessing certain weapons, N.J.S.A. 2C:39- 3(e), namely an "out[-]of[-]the[-]front automatic switch blade"; fourth-degree unlawfully possessing that "out[-]of[-]the[-]front automatic switch blade"; and fourth-degree unlawfully possessing a separate "four[-]inch pocket[-]knife."

During trial, Officer Gregory Mezzanotte, a police officer with five years of experience in the Ocean Township Police Department in Waretown and the first responding officer, testified to the facts that led to defendant's arrest. Officer Mezzanotte stated that on the night of January 19th, before his shift, he attended a briefing where he learned the Department received information from a neighboring police department "to be on the lookout for a vehicle and a subject" because the individual lived in the town and was allegedly "involved in . . . buying and selling . . . drugs, acting as a police officer, and robbing other drug dealers in the area . . . ." He testified he and the other officers at the briefing were informed of the individual's identity, that he drove or was associated with a "2009 [black] Dodge Charger," his potential possession of a firearm, and an outstanding warrant in a separate municipality for a "motor vehicle offense."

Within "two minutes of leaving [the] briefing," at 8:15 p.m., Officer Mezzanotte testified that he observed a black Dodge Charger with a female driver, as well as a "male front passenger and . . . another . . . male sitting in the

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back seat," who Officer Mezzanotte recognized as the individual from the photograph he received at the briefing. Officer Mezzanotte stated he observed the driver commit several traffic violations including operating the car erratically and not using a turn signal. At this point, Officer Mezzanotte testified that he "alerted other officers [over the radio] . . . and . . . attempted to turn around to make contact" with the vehicle and the individual discussed at the briefing.

Officer Mezzanotte next observed the Dodge Charger already parked on the side of the road with the individual, later revealed to be defendant's boyfriend, "outside of the vehicle . . . [and] waving [him] down." In addition to waving, Officer Mezzanotte testified he observed defendant's boyfriend "reaching . . . inside of the back of the car," in what he believed was the boyfriend's attempt to "ambush" him with the firearm referenced during the briefing. Concerned with his safety, Officer Mezzanotte testified he activated his vehicle's emergency lights, alerted other officers, and parked further behind the vehicle, approximately fifty feet, than he would have normally.

Officer Mezzanotte stated the mobile video recorder (MVR), which is "essentially a dash cam with a microphone" that clips onto his uniform was activated but did not have audio due to his decision to not attach the microphone

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to his uniform as he approached because he believed that he "was being ambushed" and needed to exit his vehicle as "immediately as [he] could to protect [him]self."1 As he approached the vehicle from the passenger's side, Officer Mezzanotte stated he instructed defendant's boyfriend to place his hands on the trunk of the vehicle. He testified the boyfriend complied but also informed the officer that the male front passenger, later identified as a friend of the boyfriend, was overdosing.

As Officer Mezzanotte attempted to secure and isolate the boyfriend, he observed the female driver, later identified as defendant, moving her hands "through the passenger compartment, the center console, and the back seat of the vehicle." Officer Mezzanotte testified that in light of defendant's movements and the arrival of Officer Joel Sawyer, who removed defendant's boyfriend from the immediate vicinity of the vehicle, he shifted his focus onto defendant and accordingly instructed her "approximately ten times" to "show [him] her hands and put her hands on the steering wheel."

1 Officer Mezzanotte also testified, and his MVR footage confirmed, that he was able to clip the microphone onto his uniform after the scene was "secure," once defendant was in handcuffs and the officers tended to the friend in the front seat.

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During their interaction, defendant responded to the officers' repeated instructions with "vulgar language," in which she emphasized her displeasure and her intent to ignore his instructions. Officer Mezzanotte observed, using his flashlight, a "folding knife with a black handle in the [vehicle's] center console," which he could see because the console did not have a lid. In light of the "folding knife," referred to as a pocketknife in the indictment, Officer Mezzanotte drew his firearm and continued to instruct defendant to place her hands on the steering wheel.

Officer Nicholas McGavin also arrived at the scene. He, like Officer Sawyer and Mezzanotte, was also at the briefing minutes earlier. Officer Mezzanotte testified he quickly "advised [Officer McGavin] that the occupants of the vehicle were moving around, [he] saw a knife in the car, and that [defendant] needed to be removed from the vehicle." At this point, Officer Mezzanotte stated Officer McGavin approached the driver's side of the vehicle, instructed defendant to exit the vehicle, and attempted to remove her from the car after she continued to fail to comply with his orders.

After holstering his weapon, Officer Mezzanotte testified he observed Officer McGavin "struggling to remove [defendant] from the vehicle," and maneuvered around the rear of the car to the driver's side to assist him. While

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