It is never too late to seek remedy for excessive sentencing

Two days after an appellate court wrote that his case had “slipped through the proverbial cracks for nearly 30 years,” 58-year-old Mark Sette was released from prison, where he had been serving a life sentence for a 1988 murder in Plainfield.

The appellate court had said:

“On direct appeal, we affirmed all but one of defendant’s convictions. State v. Sette, 259 N.J. Super. 156, 192 (App. Div. 1992). We remanded the reversed count for further proceedings and “for overall resentencing because of the consecutive sentence imposed on” the reversed count, and did not reach defendant’s excessive sentencing argument. Ibid. Apparently, however, the matter slipped through the proverbial cracks for nearly thirty years.”

The original case that convicted Sette

After a six-week trial in the spring of 1989, Sette was found guilty of murdering Rosemary Devaney, attempted murder of Peter Johnson, two counts of aggravated assault, unlawful possession of a hunting knife, possession of a weapon for an unlawful purpose, aggravated assault against a police officer and resisting arrest.

The jury decided against the death penalty for Sette, but Span sentenced him to a term of life plus 38 years with 40 years of parole ineligibility.

The matter lay dormant for 26 years until Sette, representing himself, filed a motion for the resentencing in September 2018.

Read the full story of the case here.

Are you serving a sentence and believe that you victim of excessive sentencing?

If you think you victim of excessive sentencing, you need an experienced Criminal Defense Lawyer to get the relief you seek. For years, attorney Joel Silberman served as an assistant prosecutor with the Hudson County prosecutor’s office. During this time, Attorney Joel litigated hundreds of cases and appeared before the Superior Court of New Jersey, Appellate Division, on multiple occasions.

If you think you are serving excessive sentence, the Law Offices of Joel Silberman, LLC, can help you pursue the justice you deserve. You need to act fast. Call us at 201-420-1913 or email us at



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