206 N.J. Super. 246, 248 (App. Div. 1985); State v.
Calgon, Inc., 35 N.J. Super. 319 (App. Div. 1955).
Appellate courts generally decline to consider issues
not fully presented at trial unless the issues are
jurisdictional or concern matters of great public interest.
Matter of Board of Educ. of Town of Boonton, 99 N.J. 523,
536 (1985) (refusing to consider newly-raised issue with
“an insufficient factual basis” in the record); Nieder v.
Royal Indem. Ins. Co., 62 N.J. 229, 234 (1973); Matter
of Kovalsky, 195 N.J. Super. 91, 99 (App. Div. 1984) (“An
issue which is raised for the first time on appeal and is not
supported by the record is not properly before this
court.”). When the issue is of sufficient public
importance, however, the reviewing court may consider
it even if it is raised for the first time on appeal. State v.
Churchdale Leasing, Inc., 115 N.J. 83, 100 (1989). This
is generally true of constitutional issues, although such
questions raised for the first time on appeal do not have
to be considered if the matter can be disposed of in
another way. Alan J. Cornblatt, P.A. v. Barow, 153 N.J.
218, 247 (1988); City of Newark v. Twp. of Hardyston,
285 N.J. Super. 385, 397 (App. Div. 1995), certif. denied,
143 N.J. 518 (1996).
It is also inappropriate to raise legal issues on appeal
in footnotes, and ordinarily they would not be considered
unless properly made under appropriate point headings.
Nevertheless, the court may elect to consider the
contention. State v. Mays, 321 N.J. Super. 619, 636
(App. Div. 1999). As to the impropriety of raising an
issue for the first time in a reply brief, see State v. Smith,
55 N.J. 476, 488 (1970); Warren Twp. v. Suffness, 225
N.J. Super. 399, 412 (App. Div.), certif. denied, 113 N.J.
640 (1988).
II. APPEALS AS OF RIGHT
A. Appeals to the Appellate Division
Appeals may be taken as of right to the Appellate
Division pursuant to R. 2:2-3(a): (1) from final judicial
determinations, i.e. judgments of the Superior Court
trial divisions and in summary contempt proceedings in
all trial courts except municipal courts, (2) to review
administrative agency determinations, and (3) in such
cases as are provided by law. Appeals may be taken only
from judgments and not from opinions, informal written
decisions, or a correct result based on a wrong reason.
Consequently, the State does not need to file a cross-
appeal in order to argue alternative grounds for an
affirmance. See State v. Guzman, 313 N.J. Super. 363,
371 n. 1 (App. Div.), certif. denied, 156 N.J. 424 (1998).
The form of the notice of appeal is prescribed by the
Director of the A.O.C. in Appendix IV of the rules and
is also available online at http://www.judiciary.state.NJ.us/
appdiv/index.htm. In addition, appeals may be filed
electronically at http://www.judiciary.state.NJ.us/appdiv/e-file/
appfile.htm.“Final judgments” are those which adjudicate all
claims raised in an action. While there can be no appeal
from an oral opinion, only from a formal judgment, the
reviewing court usually ignores the defect if a judgment
is entered after the Notice of Appeal is filed. An order
granting a new trial following a jury finding of guilt is
interlocutory, and the State may seek leave to appeal not
only from an order based on a question arising outside or
collateral from the record, but also new trials based on
alleged errors of law on the record or factual errors. State
v. Sims, 65 N.J. 359, 362 (1974), clarifying dictum in
State v. LaFera, 42 N.J. 97 104 (1964); accord, State v.
Piscopo, 131 N.J. Super. 257 (App. Div. 1974). If a trial
court enters a pretrial order dismissing the indictment
against some but not all defendants, the matter is not
final and the State must file an interlocutory appeal.
Dismissal of all charges in an indictment, however, would
be a final order.The judgment in a criminal matter must set forth the
plea, the verdict or findings, the adjudication and the
sentence, a statement of reasons for such sentence and a
statement of credits received. R. 3:21-5. Thus, a
criminal matter is not final until sentence is imposed. If
the defendant is acquitted or for any other reason is
entitled to be discharged, however, judgment is entered
accordingly. Id. At the time of sentencing the court must
advise the defendant of his right to appeal. R. 3:21-4(h).An order entered pursuant to R. 5:22-2 referring a
juvenile for trial as an adult offender is now considered
interlocutory, requiring a motion for leave to appeal.
State in the Interest of R.L., 202 N.J. Super. 410 (App.
Div.), certif. denied, 102 N.J. 357 (1985).A trial court may reconsider a sentence pursuant to R.
3:21-10 during pendency of the appeal upon notice to
the Appellate Division. R. 3:21-10(d).Motions for change of custodial sentence for entry
into the Intensive Supervision Program are addressed to
the discretion of the three judge panel assigned to hear
such matters, and there is no appeal provided. R. 3:21-
10(e). Also, there is no pretrial review of the denial of
entry into pretrial intervention except by leave granted
under R. 2:2 in cases where the designated judge or