Search Rutgers Law Library N.J. Court Opinions

46 STATE OF NEW JERSEY v. STEVEN KACZUR -- rank: 650

... of a firearm while engaged in drug distribution-related activity, N.J.S.A. 2C:39-4.1. We now affirm. On November 6, 2010, Woodbridge police ... of a firearm while engaged in CDS distribution-related activity, N.J.S.A. 2C:39-4.1 (count four); and fourth-degree possession of hollow nose ... the court based its dismissal decision on a construction of N.J.S.A. 2C:39-4.1, which we reject. In its March 2, 2012 letter ... other grounds, we reject the court's narrow construction of N.J.S.A. 2C:39-4.1. N.J.S.A. 2C:39-4.1a provides that "[a]ny person who has in his ... 7, is guilty of a crime of the second-degree. N.J.S.A. 2C:39-4.1a. 2 Thus, the question implicated by defendant's ...

docket:	a3920-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-02
status:	unpublished
citation:
Document Size:	19269

47 STATE OF NEW JERSEY v. DHARUN RAVI -- rank: 647

... 2C:33-4] [ N.J.S.A. 2C:39-3]; [ N.J.S.A. 2C:39-4]; or [ N.J.S.A. 2C:39-5], . . . . (3) under ...

docket:	a4667-11
court:	NJ Superior Court Appellate Division
decided:	2016-08-09
status:	published
citation:	447 N.J.Super. 261 147 A.3d 455
Document Size:	138824

48 STATE OF NEW JERSEY v. BERNARDO RIVERA -- rank: 647

... a firearm while engaged in a CDS distribution related activity, N.J.S.A. 2C:39-4.1. On the same day, defendant entered into a negotiated ... that a sentence imposed on a handgun conviction, pursuant to N.J.S.A. 2C:39-4.1d, must be served consecutively to sentences imposed on any ... challenge the amended sentences. We conclude that the State misinterprets N.J.S.A. 2C:39-4.1d, and that on entry of the original judgments of ... with the plain language." Ibid. (internal quotations and citations omitted). N.J.S.A. 2C:39-4.1a provides in pertinent part that: Any person who has ... crime of the second degree. The anti-merger provision of N.J.S.A. 2C:39-4.1d also provides in pertinent part: [A] conviction arising under ... of statutory construction, we conclude that the unambiguous language of N.J.S.A. 2C:39-4.1d only prohibits merger and mandates consecutive sentences when ...

docket:	a5324-05
court:
decided:	2009-05-12
status:	Unpublished
citation:
Document Size:	41731

49 STATE OF NEW JERSEY v. CADE S. CORDWELL -- rank: 647

... attempting to commit, or conspiring to commit a drug crime, N.J.S.A. 2C:39-4.1(a) (count nine), and fourth-degree possession of a ... purpose to use it unlawfully against the person of another; N.J.S.A. 2C:39-4(a)(1) (count eleven); and fourth- degree possession or control ... 2C:35-5(a)(1), 5(b)(1), pursuant to N.J.S.A. 2C:39-4.1(a). A-0920-20 9 Later, defendant moved to ... possession of a firearm while committing a CDS offense—under N.J.S.A. 2C:39-4.1(a). Count two pertains to N.J.S.A ... merely to possess.' He was acquitted. On the other hand, N.J.S.A. 2C:39-4.1(a) makes it a crime for a person to ... to distribute, i.e., the second element. Simultaneously, to violate N.J.S.A. 2C:39-4.1(a), the jury needed to find both defendant ...

docket:	a0920-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-23
status:	Unpublished
citation:
Document Size:	51113

50 STATE OF NEW JERSEY v. STEVEN M. TOTH -- rank: 647

... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count two); third-degree unlawful possession of an assault ... needed to convict a defendant of a community gun charge, N.J.S.A. 2C:39-4(a)(2), and determining that the State need not prove ...

docket:	a0896-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-16
status:	unpublished
citation:
Document Size:	34563

51 STATE OF NEW JERSEY v. ANGELO CUCULINO -- rank: 645

... degree unlawful possession of firearms while committing a CDS crime, N.J.S.A. 2C:39-4.1 (count four); and second-degree certain persons not to ... the sentence on count four is mandatorily consecutive pursuant to N.J.S.A. 2C:39-4.1(d), and the five-year period of parole ineligibility ...

docket:	a1864-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-14
status:	Unpublished
citation:
Document Size:	68054

52 /usr/local/share/www/libweb/collections/courts/appellate/a1136-17.opn.html -- rank: 645

... court held that a BB gun is a firearm under N.J.S.A. 2C:39-4(a) because operability is not an element of possession of ... possess a firearm with the purpose to use it unlawfully. N.J.S.A. 2C:39- 4(a)(1). A firearm is defined under the statute as ... possession of weapons or possession of weapons for unlawful purposes. N.J.S.A. 2C:39-4(a)(1) and N.J.S.A. 2C:39- 5 ... it likewise failed to prove that element for purposes of N.J.S.A. 2C:39-4(a). He further contends that the trial court did not ... including possession of a firearm for an unlawful purpose under N.J.S.A. 2C:39-4(a). N.J.S.A. 2C:43-6(c). At ...

docket:
court:
decided:
status:
citation:
Document Size:	56362

53 /usr/local/share/www/libweb/collections/courts/appellate/a0492-11a1593-12.opn.html -- rank: 645

... second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count thirteen); second-degree conspiracy to commit aggravated arson ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	207944

54 STATE OF NEW JERSEY v. JANEAN OWENS -- rank: 643

... degree possession of a weapon for unlawful purposes, contrary to N.J.S.A. 2C:39-4(a); third-degree unlawful possession of a weapon, contrary to ... degree possession of a weapon for unlawful purposes, contrary to N.J.S.A. 2C:39-4(a) (count eight); third-degree unlawful possession of a weapon ...

docket:	a0803-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-04
status:	unpublished
citation:
Document Size:	116181

55 State v. Joey J. Fowler -- rank: 641

... b); and possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). Hearns was also indicted for hindering apprehension or prosecution ...

docket:	a-5-18
court:	NJ Supreme Court
decided:	2019-07-30
status:
citation:	--- A.3d ----
Document Size:	76421

56 STATE OF NEW JERSEY VS. T.J.G. -- rank: 641

... third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); and fourth-degree unlawful possession of a weapon, N ...

docket:	a3012-22
court:	appellate
decided:	2024-04-02
status:	Unpublished
citation:
Document Size:	30242

57 STATE OF NEW JERSEY v. AHMAD J. MUHAMMAD -- rank: 638

... second- degree possession of a firearm during a CDS offense, N.J.S.A. 2C:39- -4.1(a) (counts six, seven, and eight); and three counts ... second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a) (counts nine, ten, and eleven). On the same date ... degree possession of a firearm while engaged in drug distribution, N.J.S.A. 2C:39-4.1 (count six); third-degree receiving stolen property, a .45 ...

docket:	a3856-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-11
status:	Unpublished
citation:
Document Size:	103268

58 STATE OF NEW JERSEY v. CARLOS CAMPOS -- rank: 638

... counts of possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d). Kenneth J. Weiss, M.D., a forensic psychiatrist, evaluated ...

docket:	a3717-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-29
status:	unpublished
citation:
Document Size:	60219

59 STATE OF NEW JERSEY v. TENNEYSON D FAIRCLOUGH -- rank: 638

... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count five); second-degree unlawful possession of a weapon ...

docket:	a3677-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-26
status:	Unpublished
citation:
Document Size:	37837

60 of New Jersey v. Derrick Wayne Rose -- rank: 638

... third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); eight counts of fourth-degree unlawful possession of a ...

docket:	a-64-09
court:	superior court trial
decided:	2011-06-08
status:
citation:
Document Size:	137874