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2131 STATE OF NEW JERSEY v. FULGENCIO GONZALEZ-MONASTERIO -- rank: 830

... and were each found guilty of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a; two counts of third-degree hindering apprehension, N.J.S.A. 2C:29-3; and fourth-degree tampering with evidence, N.J.S.A. 2C:28-6(1). They both appeal from judgments of ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The court sentenced Martinez to twenty ... body of Jesus Ramirez or the knife." Regarding this charge, N.J.S.A. 2C:28-6 provides, in relevant part: A person commits ... our Supreme Court considered this issue in the context of N.J.S.A. 2C:28-5, which contains identical language, pertaining to ...

docket:	a1585-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-24
status:	unpublished
citation:
Document Size:	79328

2132 /usr/local/share/www/libweb/collections/courts/appellate/a2305-19.opn.html -- rank: 830

... POINT I THE TRIAL COURT'S LEGAL CONCLUSIONS AS TO N.J.S.A. 30:4C- 15.1(A) DID NOT FLOW FROM THE ... ITS BURDEN OF PROOF AS TO THE FIRST HALF OF N.J.S.A. 30:4C-15.1(A)(3) WAS NOT SUPPORTED BY ... CONCLUSION THAT DCPP SATISFIED ITS BURDEN OF PROOF AS TO N.J.S.A. 30:4C-15.1(A)(1) WAS NOT SUPPORTED BY ... CONCLUSION THAT DCPP SATISFIED ITS BURDEN OF PROOF AS TO N.J.S.A. 30:4C-15.1(A)(2) WAS NOT SUPPORTED BY ... CONCLUSION THAT DCPP SATISFIED ITS BURDEN OF PROOF AS TO N.J.S.A. 30:4C-15.1(A)(4) WAS NOT GROUNDED IN ... the child's best interest to terminate parental rights. Specifically, N.J.S.A. 30:4C-15.1(a) requires the Division to ...

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2133 /usr/local/share/www/libweb/collections/courts/supreme/a-41-20.opn.html -- rank: 830

... 2, 2022 PIERRE-LOUIS, J., writing for a unanimous Court. N.J.S.A. 2C:1-6(c) states that in cases involving DNA ... 245 N.J. 457 (2021). HELD: A plain reading of N.J.S.A. 2C:1-6(c) reveals that the Legislature intended the ... run on the day after the offense is committed.” N.J.S.A. 2C:1-6(c). N.J.S.A. 2C:1-6(c) carves out an exception for circumstances ... ” --- (pp. 21-22) Ibid. 2. A plain reading of N.J.S.A. 2C:1-6(c) reveals that the statute of limitations ... order to start the clock. (pp. 27-28) 4. Although N.J.S.A. 2C:1-6(c) requires the statute of limitations ...

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court:	New Jersey Supreme Court
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2134 Maimone v. City of Atlantic City, et al. -- rank: 830

... can be maintained under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, by a police officer who ... Maimone also complained about Atlantic City’s failure to enforce N.J.S.A. 2C:34-7, which makes it a fourth-degree offense ... Maimone’s CEPA claim rests solely on subsection (3) of N.J.S.A. 34:19-3c, which prohibits retaliatory action against an employee ... taking “retaliatory action” against an employee for protected conduct. N.J.S.A. 34:19-3. Under the definition of retaliatory action, any ... involves a claim under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, by a police officer who ... Maimone also complained about Atlantic City's failure to enforce N.J.S.A. 2C:34-7, which makes it a fourth-degree ...

docket:	a-59-05
court:
decided:	2006-07-20
status:
citation:	*CITE_PENDING*
Document Size:	99488

2135 VIRTUA HEALTH, INC v. POONAM ALAIGH, M.D. -- rank: 830

... both the authorizing statutes and the Administrative Procedure Act ("APA"), N.J.S.A. 52:14B-1 to -15. For the reasons that follow ... Service Helicopter Response Program," commonly known as "JEMSTAR," pursuant to N.J.S.A. 26:2K-36(a). The statute directs the Commissioner to ... the Department and by the Division of State Police. See N.J.S.A. 26:2K-37. Virtua is a health care company with ... of Need , 194 N.J. 413 , 423 (2008); see also N.J.S.A. 26:2H-1. To accomplish that objective, the Legislature generally ... Virtua-West , supra , 194 N.J. at 423; see also N.J.S.A. 26:2H-7. Eventually, the Legislature recognized that the intricate ... Act"), exempting certain medical services from a CN requirement. See N.J.S.A. 26:2H-7a, -7c. Significantly, the HCRA exempts, among ...

docket:	a2371-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-14
status:	unpublished
citation:
Document Size:	62633

2136 STATE OF NEW JERSEY v. ANGEL JIMENEZ -- rank: 830

... convicted of the first-degree murder of Isidro ("Max") Bueno, N.J.S.A. 2C:11-3(a)(1) and (a)(2) (count one); third-degree theft by unlawful taking, N.J.S.A. 2C:20-3a (count three); 1 second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1) (count four); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b (count five); third-degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3(b)(1) (count six); third-degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3(b)(4) (count seven); fourth-degree ...

docket:	a4280-09
court:	NJ Superior Court Appellate Division
decided:	2014-03-10
status:	unpublished
citation:
Document Size:	80850

2137 JANET HENEBEMA v. SOUTH JERSEY TRANSPORTATION AUTHORITY -- rank: 830

... liability under the New Jersey Tort Claims Act (the Act), N.J.S.A. 59:1-1 to 12-3. The structural question before ... ordinary negligence law or the Act's "palpably unreasonable" standard. N.J.S.A. 59:2-3(d). Because the judge himself settled that ... charge the jury on the palpably unreasonable standard required by N.J.S.A. 59:2-3(d); (2) allowing Williams to render a ... dispute that involved whether defendants had the discretion, pursuant to N.J.S.A. 59:2-3(d), to determine "how to utilize or ... liable for their negligence within the limitations of [the Act]." N.J.S.A. 59:1-2. By establishing this public policy, the Legislature ... between discretionary and ministerial functions performed by a public entity. N.J.S.A. 59:2-3(d) provides that [a] public entity ...

docket:	a3723-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-01
status:	published
citation:	430 N.J.Super. 485 65 A.3d 846
Document Size:	85387

2138 LINDA KUBERT AND DAVID KUBERT v. KYLE BEST, SUSAN R BEST EXECUTRIX OF THE ESTATE OF NICKOLAS J. BEST DECEASED and SHANNON COLONNA -- rank: 830

... free" while driving, except in certain specifically-described emergency situations. N.J.S.A. 39:4-97.3. 1 An offender is subject to a fine of $100. N.J.S.A. 39:4-97.3(d). For future cases like this ... percentage of responsibility to each under our comparative negligence statutes, N.J.S.A. 2A:15-5.1 to -5.4. See Brodsky , supra ... legislative response was to amend the assault by auto statute, N.J.S.A. 2C:12-1(c)(1), to permit the jury to ... and after the amendment, recklessness was an essential element of N.J.S.A. 2C:12-1(c)(1) and the grading of the ... but not in the analysis of the majority opinion. 1 N.J.S.A. 39:4-97.3 states in part: a. The ...

docket:	a1128-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-27
status:	published
citation:	432 N.J.Super. 495 75 A.3d 1214
Document Size:	79432

2139 LACKLAND AND LACKLAND, et al. v. READINGTON TOWNSHIP, et al. -- rank: 830

... septic suitability approval as a checklist requirement, is authorized under N.J.S.A. 40:55D-10.3 and Judge Pursel's conclusion that the requirement violates N.J.S.A. 40:55D-22b was erroneous. We briefly set forth the ... C.A. � 1983, and the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163. That complaint refers only to ... the County under the Agricultural Retention and Development Act (ARDA), N.J.S.A. 4:1C-11 to -48, as a boundary for the ... will promote the public health, safety, morals, and general welfare," N.J.S.A. 40:55D-2c, g, and j. 109 N.J. at ... addressed the proper purposes of the AR Ordinance found in N.J.S.A. 40:55D-2: 1) to encourage municipal action to ...

docket:	A2190-05
court:	NJ Superior Court Appellate Division
decided:	2008-02-26
status:	unpublished
citation:
Document Size:	154784

2140 STATE OF NEW JERSEY v. L.J.A. -- rank: 830

... CURIAM Defendant was charged with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count three); and fourth-degree child abuse, N.J.S.A. 9:6-1 and N.J.S.A. 9:6-3 (count four). Prior to the trial, the ... motion for imposition of a mandatory extended term pursuant to N.J.S.A. 2C:43-6.4(e), because defendant had previously ...

docket:	a0493-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-27
status:	unpublished
citation:
Document Size:	60259

2141 ROGER C. GATES v. COUNTY OF PASSAIC -- rank: 830

... The County Is Immune From Liability For Discretionary Activities Under N.J.S.A. 59:2- 3(d). B. Plaintiffs Cannot Satisfy The Prerequisites For Public Entity Liability Under N.J.S.A. 59:4-2. 1. Oak Ridge Road was not 'a ... AT TRIAL CONFIRMED THAT THE COUNTY WAS NOT LIABLE UNDER N.J.S.A. A-3436-19 3 59:4-2; AND THE TRIAL ... County's arguments that it was immune from liability under N.J.S.A. 59:2-3(d) and that its conduct was not palpably unreasonable under N.J.S.A. 59:4-2. Here, N.J.S.A. 59:2-3(d) does not apply because the ...

docket:	a3436-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-08
status:	Unpublished
citation:
Document Size:	65909

2142 STATE OF NEW JERSEY, by the COMMISSIONER OF TRANSPORTATION V. FREDERICO R. CAOILI -- rank: 830

... The opinion of the Court was delivered by GARIBALDI, J. ���� N.J.S.A. 2C:5-2 and 2C:15-1. ����At the commencement ... degree kidnapping, acquitting him of all other charges. Pursuant to N.J.S.A. 2C:43-6d, the trial court conducted a Graves Act ... Criminal Law ��������Commission , 323 (1971) (emphasis added)]. The commentary to N.J.S.A. 2C:43-11 explained that "it is inevitable that cases ... sentencing." Id. at 323 (2). Like the Model Penal Code, N.J.S.A. 2C:43-11 required the Court to determine whether a ... final version of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:l-l to 98-4 (the Code), did not include N.J.S.A. 2C:44-11. ����The Legislature rejected a one step ...

docket:	a-62-93
court:	njsupreme
decided:	1994-03-22
status:
citation:	143 N.J. 484
Document Size:	60560

2143 STATE OF NEW JERSEY v. WILLIAM G. WRIGHT, JR -- rank: 830

... judge (MCJ) found him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, driving while suspended, N.J.S.A. 39:3-40, accessing a state wildlife management area during ... giving rise to a reasonable articulable suspicion defendant had violated N.J.S.A. 39:4-50. See State v. Bernokeits , 423 N.J ... officer initiated the encounter) (internal quotation marks and citations omitted). N.J.S.A. 23:2-8 expressly authorized Warden Risher to call for ... the driver was operating a motor vehicle in violation [of N.J.S.A. 39:4-50]." Strelecki v. Coan , 97 N.J. Super ... a reasonable doubt. T he term "operates" as used in N.J.S.A. 39:4-50(a) has been broadly interpreted. State ...

docket:	a2018-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-28
status:	unpublished
citation:
Document Size:	65972

2144 STATE OF NEW JERSEY v. WILLIE DENMARK -- rank: 830

... defendant Willie Denmark was convicted of first-degree armed robbery, N.J.S.A. 2C:15-1, and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a. He later pled guilty to third-degree ... dangerous substance with intent to distribute in a school zone, N.J.S.A. 2C:35-7, charged in a separate indictment. The weapons ... parole ineligibility bar of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant also received a concurrent four ... the trial judge found aggravating factors 3, 6 and 9, N.J.S.A. 2C:44-1(a) (3), (6) and (9), and noted ...

docket:	a4343-07
court:	superior court appellate division
decided:	2010-10-14
status:	unpublished
citation:
Document Size:	70964

2145 State v. Amir Randolph -- rank: 830

... a multi-count indictment with third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1); third-degree possession with intent ... distribute heroin in a quantity less than one-half ounce, N.J.S.A. 2C:35-5(a)(1), (b)(3); third-degree possession ... intent to distribute heroin within 1000 feet of school property, N.J.S.A. 2C:35-7; second-degree possession with intent to distribute heroin within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1; fourth-degree possession with intent to distribute marijuana in a quantity less than one ounce, N.J.S.A. 2C:35-5(a)(1), (b)(12); third-degree possession ... intent to distribute marijuana within 1000 feet of school property, N.J.S.A . 2C:35-7; and third-degree possession with intent ...

docket:	A-70-15
court:	NJ Supreme Court
decided:	2017-05-03
status:
citation:	228 N.J. 566 159 A.3d 394
Document Size:	91767