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1186 STATE OF NEW JERSEY v. WINSTON BEARD Defendant-Appellant -- rank: 841

... the following offenses: second-degree aggravated assault on Suquan McDonald, N.J.S.A. 2C:12-1b(1) and N.J.S.A. 2C:2-6 (count one); second-degree aggravated assault on Alex Perez, N.J.S.A. 2C:12-1b(1) and N.J.S.A. 2C:2-6 (count two); and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (count three). The indictment charged Then, individually, with third-degree hindering apprehension, N.J.S.A. 2C:29-3a(3) and N.J.S.A. ...

docket:	a2480-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-31
status:	unpublished
citation:
Document Size:	115694

1187 OF YOUTH AND FAMILY SERVICES v. V.G., T.C., AND D.J - IN THE MATTER OF U.G. AND T.C., minors -- rank: 841

... Division could not maintain custody of the children pursuant to N.J.S.A. 30:4C-12, absent a finding of abuse and neglect ... did not meet the statutory standard for neglect pursuant to N.J.S.A. 9:6-8.21. We agree and reverse the November ... the trial court: (1) erred in interpreting the requirements of N.J.S.A. 9:6-8.21(c)(4), arguing Violet's acts ... the Division's continued custody, care and supervision pursuant to N.J.S.A. 30:4C-12, an event which was not in Una ... Division declined to argue it should continue custody pursuant to N.J.S.A. 30:4C-12, requiring the court to dismiss the complaint ... M.C. III , 201 N.J. 328 , 343 (2010) (quoting N.J.S.A. 30:4C-2(a) (defining the Division as the ...

docket:	a1805-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-23
status:	unpublished
citation:
Document Size:	60900

1188 STATE OF NEW JERSEY v. DIEGO ARROYO-NUNEZ -- rank: 841

... Mandatory Minimum Sentences in Non-Violent Drug Cases Pursuant to N.J.S.A. 2C:35-12,' (April 19, 2021) (the Directive). The Directive ... first-degree distribution of five or more ounces of cocaine, N.J.S.A. 2C:35- 5(b)(1). Pursuant to a negotiated plea ... 28, 2021). A-3746-20 3 effectively 'invalidate a statute,' N.J.S.A. 2C:35-12 (Section 12), part of the Comprehensive Drug Reform Act of 1987 (the CDRA), N.J.S.A. 2C:35-1 to - 36A-1, thereby invading the province ... created the Commission in 2009. See L. 2009, c. 81; N.J.S.A. 2C:48A-1 to -4. The statute provides: '[I]t ... for revisions to the laws governing the criminal justice system.' N.J.S.A. 2C:48A- 2(a). These recommendations were intended to ' ...

docket:	a3746-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-18
status:	Published
citation:
Document Size:	76245

1189 STATE OF NEW JERSEY v. JOHN FIORE -- rank: 841

... to promote or facilitate bribery in official and political matters, N.J.S.A. 2C:27-2d; misapplication of entrusted property, N.J.S.A. 2C:21-15; and official misconduct, N.J.S.A. 2C:30-2 (count one); 2. second-degree bribery in ... Township of East Windsor serving as executive director of EWPAL), N.J.S.A. 2C:27-2d (count two); 1 3. third-degree misapplication of entrusted property, N.J.S.A. 2C:21-15 (count three); and 4. second-degree official ... for the violation of his duty as a public servant), N.J.S.A. 2C:30-2a (count four). Defendant filed a pre- ...

docket:	a0960-09
court:	NJ Superior Court Appellate Division
decided:	2013-09-05
status:	unpublished
citation:
Document Size:	83024

1190 STATE OF NEW JERSEY v. AL-QUAN WHITE -- rank: 841

... Ike") was convicted of first-degree murder of Byron Lockett, N.J.S.A. 2C:11-3(a)(1)(2); third-degree aggravated assault of another victim, Latiff McCleod, N.J.S.A. 2C:12-1(b)(1); second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a); and a second-degree "certain persons" weapons offense, N.J.S.A. 2C:39-7(b). The third-degree offense conviction was ... percent parole disqualifier under the No Early Release Act ("NERA"), N.J.S.A. 2C:43-7.2. A five-year consecutive sentence ...

docket:	a2320-11
court:	NJ Superior Court Appellate Division
decided:	2015-01-09
status:	unpublished
citation:
Document Size:	94064

1191 Steven M. Lonegan; Stop the Debt.com, LLC, v. State of New Jersey -- rank: 841

... reviewed by this Court and thereafter sustained, see, e.g. , N.J.S.A. 52:18A:78.1 to -78.32 (New Jersey Building ... financing, the Department of Education “recommended that the Legislature amend N.J.S.A. 18A:72A-1 to –58 to empower the . . . EFA . . . to ... largest, most comprehensive school construction program in the nation. See N.J.S.A. 18A:7G-1 to -30; id. at -57 to -71 ... physical facilities that are safe, healthy, and conducive to learning.” N.J.S.A. 18A:7G-2a. In furtherance of that responsibility, EFCFA addresses ... goals, the Act states that the EDA, established pursuant to N.J.S.A. 34:1B-1 to -21.15, “shall be responsible for ... construction management, acquisition, construction, and completion of school facilities projects.” N.J.S.A. 18A:7G-13a. EFCFA authorizes the EDA “to issue ...

docket:	a-23-01
court:	njsupreme
decided:	2002-08-21
status:
citation:	174 N.J. 435
Document Size:	205268

1192 STATE OF NEW JERSEY v. P.L.M. -- rank: 841

... counts of first-degree aggravated sexual assault in violation of N.J.S.A. 2C:14-2a, three counts of second-degree sexual assault in violation of N.J.S.A. 2C:14-2b, three counts of second-degree endangering the welfare of a child in violation of N.J.S.A. 2C:24-4a, and one count of second-degree attempted sexual assault in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:14-2b. As a result, defendant was sentenced to ... three counts of first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2a (counts one, six, and eleven); three ...

docket:	A2368-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-18
status:	unpublished
citation:
Document Size:	115231

1193 STATE OF NEW JERSEY v. JAMEL LEWIS -- rank: 841

... well as Bond – were charged with: first-degree kidnapping, N.J.S.A. 2C:13-1(b); two counts of first-degree robbery, N.J.S.A. 2C:15-1(a); first-degree felony murder, N.J.S.A. 2C:11- 3(a)(3); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree aggravated arson, N.J.S.A. 2C:17-1(a). Before trial, defendants moved, pursuant ...

docket:	a2411-15
court:	NJ Superior Court Appellate Division
decided:	2019-01-07
status:	Unpublished
citation:
Document Size:	117675

1194 /usr/local/share/www/libweb/collections/courts/appellate/a1423-18.opn.html -- rank: 841

... of third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a); two counts of third-degree possession with intent to distribute CDS, N.J.S.A. 2C:35-5(a)(1); and two counts of third ... possession with intent to distribute CDS in a school zone, N.J.S.A. 2C:35-7.2 Defendant filed a motion to suppress ... possession with intent to distribute CDS in a school zone, N.J.S.A. 2C:35-7(a), under Indictment 16-04-1092, arising ... February 22, 2016; second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1), and third-degree hindering, N.J.S.A. 2C:29-3(b)(4), under Indictment 16-07- ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	80209

1195 /usr/local/share/www/libweb/collections/courts/appellate/a6292-11redactedxx.opn.html -- rank: 841

... D. This appeal concerns the constitutionality of certain provisions within N.J.S.A. 2C:21-2.1, a criminal statute that enumerates various ... false governmental documents, which are second-degree offenses proscribed by N.J.S.A. 2C:21-2.1(b). The jury also found defendant ... false governmental documents, which are fourth-degree offenses proscribed by N.J.S.A. 2C:21-2.1(d). The false documents in question ... contends that these provisions in subsections (b) and (d) of N.J.S.A. 2C:21-2.1 are unconstitutional, both on their face ... his sentence in all respects. I. The two portions of N.J.S.A. 2C:21-2.1 at issue in this case, specifically ... information is guilty of a crime of the fourth degree. . . . [ N.J.S.A. 2C:21-2.1 (emphasis added).] The indictment against ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	86040

1196 State of New Jersey v. Stanley Cliff Smith -- rank: 839

... years in prison, subject to the parole ineligibility provisions of N.J.S.A. 2C:43-7.2. The Appellate Division affirmed defendant’s ... receive a sentence not to exceed twenty years, subject to N.J.S.A. 2C:43-7.2, and Johnson receive a sentence not to exceed twenty-five years, again subject to N.J.S.A. 2C:43-7.2. Prior to the trial getting underway ... in return for a sentence of ten years, subject to N.J.S.A. 2C:43-7.2. The State proceeded against defendant alone ... charges and sentenced to thirty years in prison, subject to N.J.S.A. 2C:43-7.2. Defendant appealed, and a different panel ... an offense which at the time was a capital offense. N.J.S.A. 2C:11-3c (deleted by amendment, L. 2007, c. ...

docket:	A-68-10
court:	NJ Supreme Court
decided:	2012-10-25
status:
citation:	212 N.J. 365 54 A.3d 772
Document Size:	213164

1197 Pizzullo v. New Jersey Manufacturers Insurance Company -- rank: 839

... suit arising from an insured’s election of coverage. See N.J.S.A. 17:28-1.9(a). 2 In 1987 , plaintiff Michael ... policy for Dorothea, NJM was nonetheless immune from liability under N.J.S.A. 17:28-1.9(a). Following a two-day bench ... so, NJM is not entitled to immunity from suit under N.J.S.A. 17:28-1.9(a). 1. The statute provides an ... of a given level of motor vehicle insurance coverage . . . .” N.J.S.A. 17:28-1.9(a). The Court’s analysis of ... to them. In 1993, the Legislature passed the immunity statute, N.J.S.A. 17:28-1.9, in direct response to this flood ... suit arising from an insured’s election of coverage. See N.J.S.A. 17:28-1.9(a). The trial court, after ...

docket:	a-21-07
court:
decided:	2008-08-07
status:
citation:	196 N.J. 251
Document Size:	83615

1198 STATEOF NEW JERSEY v. ERICK P. UZCATEGUI -- rank: 839

... the jury found defendant guilty of second-degree vehicular homicide, N.J.S.A. 2C:11-5. On November 12, 2014, defendant was sentenced ... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.3 Defendant appeals, arguing: POINT I ... 3 At sentencing, the judge found defendant guilty of DWI, N.J.S.A. 39:4-50, and reckless driving, N.J.S.A. 39:4-96, and imposed the appropriate penalties for those ... The judge also found defendant guilty of following too closely, N.J.S.A. 39:4-89, and merged that offense with the reckless ... lifted status was relevant to the issue of causation under N.J.S.A. 2C:2-3(c), specifically, 'whether or not the ...

docket:	a4388-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-13
status:	unpublished
citation:
Document Size:	143209

1199 Taylor v. Metzger -- rank: 839

... longer afford the therapy. II     The Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, prohibits discrimination "because of race ... in the Armed Forces of the United States, or nationality." N.J.S.A. 10:5-3. The gravamen of the complaint filed by ... sexual orientation, marital status, familial status, [military service], or nationality," N.J.S.A. 10:5-3, the average person standard must be adapted ... work environment in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. It also presents the issue ... including recovery for emotional distress caused by discriminatory acts. See N.J.S.A. 10:5-3. Thus, while plaintiff's intentional infliction of ...

docket:	a-9-97
court:	njsupreme
decided:	1998-02-18
status:
citation:	152 N.J. 490
Document Size:	115936

1200 STATE OF NEW JERSEY v. ALLISON NASTA -- rank: 839

... returned an indictment charging defendant with second-degree vehicular homicide, N.J.S.A. 2C:11-5 (count one); two counts of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4 (counts two and three); fourth-degree 1 ... bodily injury while driving with a suspended or revoked license, N.J.S.A. 2C:40-22(b) (count four); third-degree hindering apprehension, N.J.S.A. 2C:29-3(b)(4) (count five); and third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1) (count six). 2 Defendant moved ... sentencing arguments: defendant requested mitigating factor eleven (hardship to others), N.J.S.A. 2C:44-1(b)(11), and the State requested ...

docket:	a3951-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-23
status:	unpublished
citation:
Document Size:	87933