Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. HECTOR A. GUEVARA -- rank: 654

... of the charge at issue tracked the model charge for N.J.S.A. 2C:39-2. See Model Jury Charges (Criminal), 'Possession Of Firearms, Weapons, Destructive Devices, Silencers or Explosives In A Vehicle (N.J.S.A. 2C:39-2)' (approved Mar. 1993). The charge was an accurate reflection of ...

docket:	a1441-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-28
status:	Unpublished
citation:
Document Size:	32388

17 STATE OF NEW JERSEY v. ANTONIO PRATTS -- rank: 644

... for the applicability of' subsection (e). The judge also concluded N.J.S.A. 2C:39-2(b) provided 'a presumption that [defendant did] not possess a ... TO POSSESS A HANDGUN BY RELYING ON THE INFERENCE IN N.J.S.A 2C:39-2(b) EVEN THOUGH THAT INFERENCE WAS NEVER READ TO THE ... He argues the judge erred by citing the presumption in N.J.S.A. 2C:39-2(b), which provides: 'When the legality of a person's ...

docket:	a2262-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-07
status:	Unpublished
citation:
Document Size:	32262

18 STATE OF NEW JERSEY v. ERIC R. SHAW -- rank: 635

... because it did not explain how the three inferences in N.J.S.A. 2C:39-2(a) 'interacted and specifically that they were mutually exclusive.' This ... did object to instructing the jury on the 'presumptions' under N.J.S.A. 2C:39- 2. The court overruled the objection, explaining that these were inferences ... of the charge at issue tracked the model charge for N.J.S.A. 2C:39-2. See Model Jury Charges (Criminal), 'Possession Of Firearms, Weapons, Destructive Devices, Silencers or Explosives In A Vehicle (N.J.S.A. 2C:39-2)' (approved Mar. 1993). Looking at the challenged charge, it was ...

docket:	a1533-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-13
status:	unpublished
citation:
Document Size:	52085

19 STATE OF NEW JERSEY v. MARK MELVIN -- rank: 635

... 120 S. Ct. 593 , 145 L. Ed. 2d 493 (1999). N.J.S.A. 2C:39-2(a) states: When a firearm, weapon, destructive device, silencer, or ... a car. The trial court found that the exception under N.J.S.A. 2C:39-2(a)(2) did not apply and thus did not instruct ...

docket:	a3003-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	unpublished
citation:
Document Size:	35548

20 STATE OF NEW JERSEY v. JERMINA LEWIS -- rank: 632

... operating at the time the drugs were being transported. Cf. N.J.S.A. 2C:39-2(a) (creating permissive inferences as to possession of weapons in ...

docket:	a5276-16
court:	NJ Superior Court Appellate Division
decided:	2019-12-17
status:	Unpublished
citation:
Document Size:	42107

21 STATE OF NEW JERSEY v. RYON L. GREEN -- rank: 582

... Firearms, Weapons, Destructive Devices, Silencers Or Explosives In a Vehicle ( N.J.S.A. 2C:39-2)" (1993). Prior to sentencing, defendant filed a motion for a ...

docket:	a5355-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-05
status:	unpublished
citation:
Document Size:	37338

22 STATE OF NEW JERSEY v. KASHIFE H. WYCKOFF -- rank: 582

... discussion in this opinion. R. 2:11-3(e)(2). N.J.S.A. 2C:39-2(b) clearly states that '[w]hen the legality of a ... a permit, the State may employ the statutory presumption of N.J.S.A. 2C:39-2 to establish the absence of the required permit; and (3 ... N.J. ___, ___ (2021) (slip op. at 20-21) (confirming that N.J.S.A. 2C:39-2(b) 'creates a statutory presumption in favor of the State ...

docket:	a0607-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-07
status:	Unpublished
citation:
Document Size:	28363

23 STATE OF NEW JERSEY v. LEONARD K. COLEMAN -- rank: 580

... floor of the car occupied by defendant and John. See N.J.S.A. 2C:39-2(a) (1) (providing a presumption of joint possession A-4665 ...

docket:	a4665-17
court:	NJ Superior Court Appellate Division
decided:	2021-02-16
status:	Unpublished
citation:
Document Size:	34038

24 STATE OF NEW JERSEY v. GUILIO MESADIEU -- rank: 563

... Firearms, Weapons, Destructive Devices, Silencers or Explosives In A Vehicle (N.J.S.A. 2C:39-2)' (approved Mar. 1993), the judge instructed: I have previously instructed ... App. Div. 1989), in which we stated that, to implement N.J.S.A. 2C:39-2 without shifting the burden away from the State, 'the jury ...

docket:	a5379-17
court:	NJ Superior Court Appellate Division
decided:	2021-08-20
status:	Unpublished
citation:
Document Size:	38655

25 STATE OF NEW JERSEY v. TAVON ROBINSON -- rank: 540

... prohibits the knowing possession of a handgun without a permit. N.J.S.A. 2C:39-2 establishes a presumption of possession of firearms found in vehicles ...

docket:	a5063-06
court:	njappellate
decided:	2008-09-30
status:	unpublished
citation:	197 N.J. 476
Document Size:	73621

26 STATE OF NEW JERSEY IN THE INTEREST OF J.H. A JUVENILE -- rank: 530

... all occupants when the vehicle has more than one occupant. N.J.S.A. 2C:39-2. Applying his factual findings to the applicable legal principles, the ... evidence connecting him to the firearms was dispositive. Furthermore, under N.J.S.A. 2C:39-2, there is a statutory presumption that a firearm found in ...

docket:	a4841-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-08
status:	unpublished
citation:
Document Size:	30638

27 STATE OF NEW JERSEY IN THE INTEREST OF K.O. -- rank: 530

... a challenge to the constitutionality of the statutory presumption of N.J.S.A. 2C:39-2 that an accused weapons offender shall be presumed not to ...

docket:	a4917-05
court:	njappellate
decided:	2007-02-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	64636

28 STATE OF NEW JERSEY v. RONNELL HEDGESPETH -- rank: 514

... of them in the absence of evidence to the contrary. N.J.S.A. 2C:39-2(b); State v. Ingram , 98 N.J. 489 , 500 (1985 ...

docket:	a4964-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-28
status:	unpublished
citation:
Document Size:	34690

29 STATE OF NEW JERSEY v. JORGE ROQUE -- rank: 514

... See Mai , supra , 202 N.J. at 25; see also N.J.S.A. 2C:39-2(b), -5(b). Defendant does not dispute that these elements ...

docket:	a5903-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-21
status:	unpublished
citation:
Document Size:	43245

30 STATE OF NEW JERSEY v. JAMES E. BUNCH -- rank: 492

... instructing the jury with regard to the inferences permitted by N.J.S.A. 2C:39-2. Defendant asserts that statute did not apply here because he ... from the case, the instruction regarding the inferences permitted by N.J.S.A. 2C:39-2 effectively precluded the jury from finding that defendant had not ... jurors that, while they could draw the inferences permitted by N.J.S.A. 2C:39-2, the jurors were not required to draw any particular inference ...

docket:	A0272-04
court:	NJ Superior Court Appellate Division
decided:	2007-03-08
status:	unpublished
citation:
Document Size:	44876