Nicholas G. Mucci v. New Jersey Department of Corrections

── Nicholas G. Mucci v. New Jersey Department of Corrections ── Court: New Jersey Superior Court Appellate Division Date: May 22, 2026 Category: General NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-3800-24 NICHOLAS G. MUCCI, Appellant, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, Respondent. ____________________________ Submitted May 11, 2026 – Decided May 22, 2026 Before Judges Natali and Walcott-Henderson. On appeal from the New Jersey Department of Corrections. Nicholas Mucci, self-represented appellant. Jennifer Davenport, Attorney General, attorney for respondent (Janet Greenberg Cohen, Assistant Attorney General, of counsel; Elizabeth Micheletti, Deputy Attorney General, on the brief). PER CURIAM  Nicholas G. Mucci, an inmate in the State's correctional system, appeals from a final determination of the New Jersey Department of Corrections (NJDOC) that denied his application for a transfer to a halfway house consistent with the Residential Community Reintegration Program (RCRP) under N.J.A.C. 10A:20-1.3. We affirm. Mucci was initially charged in a fifteen-count indictment with: second- degree aggravated arson, N.J.S.A. 2C:17-1(a)(1); two counts of second-degree knowingly causing widespread injury or damage, N.J.S.A. 2C:17-2(a)(1); third- degree possession of a destructive degree, N.J.S.A. 2C:39-3(a); three counts of third-degree terroristic threats, N.J.S.A. 2C:12-3(a); third-degree possession of a prohibited weapon, N.J.S.A. 2C:39-3(b); fourth-degree possession of an unlawful weapon, N.J.S.A. 2C:39-5(d); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); two counts of third-degree attempted aggravated assault, N.J.S.A. 2C:12-1(b)(7); second-degree unlawful possession of an assault firearm, N.J.S.A. 2C:39-5(f); fourth-degree unlawful possession of large-capacity ammunition, N.J.S.A. 2C:39-3(j); and third-degree hindering prosecution, N.J.S.A. 2C:29-3(b)(1).1 1 Mucci's indictment is not in the record before us. His judgment of conviction, however, identifies his indictment number and lists the fifteen charges. A-3800-24 2  He ultimately pled guilty to one count of knowingly causing widespread injury or damage and unlawful possession of an assault weapon, both second - degree charges, and was sentenced to an aggregate eight-year sentence, with 42 months of parole ineligibility. Mucci did not file a direct appeal, instead he challenged his sentence on our sentencing calendar pursuant to Rule 2:9-11. State v. Mucci, No. A-0110-24 (App. Div. Dec. 2, 2025). We affirmed his sentence and concluded it was "not manifestly excessive or unduly punitive and d[id] not constitute an abuse of discretion" and were "further satisfied that in applying the sentencing guidelines, the judge gave detailed reasons to support the sentence in accordance with the plea agreement." Based on the presentence report in the record, and the plea and sentencing transcripts, Mucci's charges primarily relate to an incident in January 2023 at a church in Asbury Park during an anti-racism gathering. The State alleged Mucci, while wearing a mask, blocked attendees from leaving the church, yelled "white lives matter too," threw two smoke bombs into the crowd, and fled the scene. An hour later, the State maintai