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1276 STATE OF NEW JERSEY v. DAANDRE J. WADE -- rank: 839

... possession of a handgun without a permit in violation of N.J.S.A. 2C:39-5(b)(1). A-2377-22 2 Following ... permit statute in effect at the time of their arrest, N.J.S.A. 2C:58-4 (2018), was facially unconstitutional under Bruen. Defendants contended that because the 'justifiable need' provision in N.J.S.A. 2C:58-4(c) (2018) was unconstitutional, all provisions of N.J.S.A. 2C:58-4 (2018) and N.J.S.A. 2C:39- 5(b)(1) were unconstitutional. The trial court ... challenge even when the challenger lacks standing). We hold that N.J.S.A. 2C:58-4 (2018) and N.J.S.A. ...

docket:	a2377-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-10
status:	Published
citation:
Document Size:	55294

1277 STATE OF NEW JERSEY v. MARK P. MCCAFFREY -- rank: 839

... jury trial, defendant was convicted of first-degree attempted murder, N.J.S.A. 2C:11-3(a)(1) and N.J.S.A. 2C:5-1 (count one); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (counts two and four); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39- 4(d) (count five); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count six); and fourth-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(a) (count seven). The convictions stemmed ...

docket:	a0313-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-18
status:	Unpublished
citation:
Document Size:	63382

1278 Dorothy Matturi, et al. v. Board of Trustees of the Judicial Retirement System -- rank: 839

... of whether survivorship benefits under the Judicial Retirement System Act ( N.J.S.A. 43:6A-1 to -47) are calculated once at the ... cost-of-living adjustments pursuant to the Pension Adjustment Act ( N.J.S.A. 43:3B-1 to -10). ����The Division of Pensions and ... to the Commission's liaison within the Division. Pursuant to N.J.S.A. 43:6A-17 and -18) are properly calculated at the ... make little sense to apply the automatic-approval provision of N.J.S.A. 43:6A-1 to -47 (JRSA or Act). More specifically ... surviving spouse receives an annual survivor�s benefit, pursuant to N.J.S.A. 43:6A-17, that is paid monthly and calculated at ... annual benefits of fifteen percent of his final salary under N.J.S.A. 43:6A-17. ����Judge Matturi retired from the Superior ...

docket:	a-65-00
court:	njsupreme
decided:	2002-07-24
status:
citation:	173 N.J. 368
Document Size:	72048

1279 MANUEL GUAMAN v. JENNIFER VELEZ -- rank: 839

... unless they satisfied the Federal five-year residency requirement. See N.J.S.A. 30:4D-3; L. 1997, c. 352; Assembly Appropriations Committee ... increased costs for emergency hospital charity care. Id. at 251; N.J.S.A. 30:4J-9e. In 2010, in response to a budget ... of the appropriations as set forth in the enabling act. N.J.S.A. 30:4J-16. We conclude that under the more flexible ... health care in hospital emergency rooms. Our Legislature recognized, in N.J.S.A. 30:4J-9e, that reducing healthcare coverage for low-income ... a citizen of the United States or an eligible alien[.]" N.J.S.A. 30:4D-3(i). An "'[e]ligible alien'" was defined ... who entered the United States at least five years ago." N.J.S.A. 30:4D-3(q). In 2005, the Legislature adopted ...

docket:	a1870-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-12
status:	published
citation:	421 N.J. Super. 239 23 A.3d 451
Document Size:	148920

1280 ANDREW MCCARRELL v. HOFFMAN-LA ROCHE, INC. -- rank: 839

... as economic losses under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -20 ("CFA"). Roche filed an answer ...

docket:	a3280-07
court:	njappellate
decided:	1988-08-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	327984

1281 STATE OF NEW JERSEY v. CARLOS ORTIZ -- rank: 839

... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, was excessive. For the reasons that ... 2017, a grand jury charged defendant with: first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2) (count one); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count two); third-degree possession of a weapon for an unlawful purpose (glass bottle), N.J.S.A. 2C:39-4(d) (count three); fourth-degree unlawful possession of a weapon (glass bottle), N.J.S.A. 2C:39-5(d) (count four); third-degree possession of ... a weapon for an unlawful purpose (cell phone charging cord), N.J.S.A. 2C:39-4(d) (count five); fourth- degree unlawful ...

docket:	a3952-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-26
status:	Unpublished
citation:
Document Size:	51695

1282 JAMES McALONAN v. MILDRED F. TRACY -- rank: 839

... rulings on this point. The New Jersey Products Liability Act, N.J.S.A. 2A:58C-1 to -11 (the PLA), provides in pertinent ... intended purpose because it . . . was designed in a defective manner. [ N.J.S.A. 2A:58C-2.] To determine whether a product was defectively ...

docket:	a6034-07
court:	superior court appellate division
decided:	2010-03-16
status:	unpublished
citation:
Document Size:	153835

1283 IN THE MATTER OF JSTAR, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND USE REGULATION PROGRAM -- rank: 839

... agency decision, granting a Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, Individual Permit to Osborn Sea ... set forth in the Municipal Land Use Law [(MLUL)] at N.J.S.A. 40:55D-12(b).' N.J.A.C. 7:7 ... his address as shown on the said current tax duplicate.' N.J.S.A. 40:55D-12(b). The property owners entitled to notice ... include residential development, commercial development, industrial development, and public development.' N.J.S.A. 13:19-3. A-4483-17T2 15 With these controlling ... or through submissions made during a thirty day 'comment period.' N.J.S.A. 13:19-9. Where A-4483-17T2 19 there is ... that reason, we look to the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -31. See In re Issuance ...

docket:	a4483-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-27
status:	Unpublished
citation:
Document Size:	53676

1284 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.J. -- rank: 839

... clear and convincing evidence as to all four prongs of N.J.S.A. 30:4C-15.1, and as a result, the judge ... Judge's findings on prongs two, three and four of N.J.S.A. 30:4C-15.1. II The law governing our analysis ... 103 N.J. 591 , 604-11 (1986) and codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria are neither separate ... the court consider "alternatives to the termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Here, the court found ... W. , 419 N.J. Super. 568 , 577 (App. Div. 2011). N.J.S.A. 30:4C-12.1 provides:  a.  In ...

docket:	a2506-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-22
status:	unpublished
citation:
Document Size:	78872

1285 State v. Richard Perez -- rank: 839

... welfare of a child. Both terms were imposed pursuant to N.J.S.A. 2C:43-6.4, which applies to individuals who commit ... to commit a criminal offense with or against the child. N.J.S.A. 2C:13-6(a). The original version of the statute ... imposed on non-sex-offender parolees. A 2003 amendment to N.J.S.A. 2C:43-6.4 replaced all references to CSL with ... for life. (pp. 21-23) 7. In its current form, N.J.S.A. 2C:43-6.4 provides that the extended term shall ... status before January 14, 2004. Applying the current version of N.J.S.A. 2C:43-6.4 to defendant requires him to spend ... called clarification. As applied to defendant, the 2003 amendment to N.J.S.A. 2C:43-6.4 enhances the punitive consequences of ...

docket:	a-25-13
court:	New Jersey Supreme Court
decided:	2015-02-02
status:
citation:	220 N.J. 423 106 A.3d 1212
Document Size:	81150

1286 STATE OF NEW JERSEY v. KAREEM A. MCNEIL -- rank: 839

... the State, a 'hood gun' is a 'community gun.' See N.J.S.A. 2C:39-4(a)(2) (defining a community gun as ... charged in a Mercer County indictment with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (a)(2) (count one ... a weapon for an unlawful A-4389-18 3 purpose, N.J.S.A. 2C:39-4(a) (count two); and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count three). Pertinent to this appeal ... to count one, as amended to first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1). In exchange, the State agreed ... prison sentence, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The parties and the trial ...

docket:	a4389-18
court:	NJ Superior Court Appellate Division
decided:	2022-08-09
status:	Unpublished
citation:
Document Size:	59296

1287 R.S APPROVED FOR PUBLICATION APPELLATE DIVISION v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES AND UNION COUNTY BOARD OF SOCIAL SERVICES - January 23, 2014 -- rank: 839

... and neglected to support [D.S.] within the meaning of N.J.S.A. 2A:34-24." D.S. attached to her complaint a ... about to file a[n] application for�.�.�.�Medicaid benefits pursuant N.J.S.A. 30:4D- et seq. and N.J.A.C. 10 ... New Jersey Medical Assistance and Health Services Act (the Act). N.J.S.A. 30:4D-1 to -19.5. The Division is the ... N.J. Super 235 , 243 (App. Div. 2013); see also N.J.S.A. 30:4D-7 (authorizing commissioner to issue through the Division ... for medical assistance provided by the Federal Social Security Act[.] [ N.J.S.A. 30:4D-2.] Another provision authorizes the Commissioner of the ... within the limits of funds available for any fiscal year[.]" N.J.S.A. 30:4D-7. The Legislature's intention is to ...

docket:	a5798-11
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	434 N.J.Super. 250 83 A.3d 868
Document Size:	74348

1288 In the Matter of Registrant H.D. -- rank: 839

... for the Court. In this appeal, the Court considers whether N.J.S.A. 2C:7-2(f) (subsection (f)) permits the termination of ... time of offense, to register with local law enforcement agencies. N.J.S.A. 2C:7-2 is the statute that mandates registration and delineates the registration process and its exceptions. N.J.S.A. 2C:7-2(b) enumerates the sex offenses that require registration, and N.J.S.A. 1 2C:7-2(c) details registration requirements and procedures ... to pose a threat to the safety of others.” N.J.S.A. 2C:7-2(f) (emphases added). (pp. 8-11) 2. Reading subsection (f) as part of N.J.S.A. 2C:7-2, its language is unambiguous. It plainly ...

docket:	a-73-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	38176

1289 STATE OF NEW JERSEY v. D.D. -- rank: 839

... trial, of two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), and one count of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). He also challenges his aggregate prison ... TRIAL COURT MISAPPLIED ITS DISCRETION IN FINDING THAT AGGRAVATING FACTORS N.J.S.A. 2C:44-1(a)(1) AND N.J.S.A. 2C:44-1(a)(2) WERE APPLICABLE. B. THE TRIAL ... the Sex Crime Victim Treatment Fund (SCVTF) penalties mandated by N.J.S.A. 2C:14-10. I. The following salient facts are derived ... defendant with two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (counts one and two); ...

docket:	a4236-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-14
status:	unpublished
citation:
Document Size:	72575

1290 STATE OF NEW JERSEY v. KARL SMITH -- rank: 839

... aggravated sexual assault committed between November 2015 and August 2016, N.J.S.A. 2C:14-2(a)(1) (counts one and two); two ... of second-degree sexual assault committed during the same dates, N.J.S.A. 2C:14-2(b) (renumbered counts three and four); two ... aggravated sexual assault committed between August 2016 and January 2017, N.J.S.A. 2C:14-2(a)(2)(a) (renumbered counts five and ... third-degree aggravated sexual contact committed during the same dates, N.J.S.A. 2C:14-3(a) (renumbered counts seven and eight); and ... of a child committed between November 2015 and January 2017, N.J.S.A. 2C:24-4(a)(1) (renumbered counts nine, ten, eleven ... second-degree sexual assault between October 2015 and August 2016, N.J.S.A. 2C:14-2(b) (renumbered count thirteen); and second- ...

docket:	a5557-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Published
citation:
Document Size:	81012