Search Rutgers Law Library N.J. Court Opinions

2221 /usr/local/share/www/libweb/collections/courts/appellate/a3723-17.opn.html -- rank: 830

... investigation, defendant Mujahidee Abdullah was charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), and numerous other ... of the lesser- included offense of first-degree aggravated manslaughter, N.J.S.A. 2C:11- 4(a)(1). The jury also convicted defendant ... 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)(1); and third-degree hindering his apprehension, N.J.S.A. 2C:29-3(b)(1). In a separate trial, defendant ... of second-degree certain persons not to possess a firearm, N.J.S.A. 2C:39-7(b). On the aggravated manslaughter conviction, ...

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2222 /usr/local/share/www/libweb/collections/courts/appellate/a0537-19.opn.html -- rank: 830

... can account for a statutory mitigating factor relating to youth, N.J.S.A. 2C:44-1(b)(14). That mitigating factor was enacted ... charging defendant with 1) first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1)(2); 2) first-degree robbery, N.J.S.A. 2C:15-1; 3) first-degree felony murder, N.J.S.A. 2C:11-3(a)(3); 4) second-degree unlawful 2 ... 436 (1966) A-0537-19 3 possession of a weapon, N.J.S.A. 2C:39-5(b); and 5) second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). On June 28, 2018, the ...

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court:	NJ Superior Court Law/Chancery Division
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2223 East Bay Drywall, LLC v. Department of Labor Workforce Development -- rank: 830

... to determine whether an individual serves as an employee. See N.J.S.A. 43:21-19(i)(6)(A) to (C). East Bay ... appropriate back-owed contributions. 1. The Unemployment Compensation Law (UCL), N.J.S.A. 43:21-1 to -71, was designed to act as ... of the employee’s wages.” Id. at 582 (citing N.J.S.A. 43:21-7). An employer’s contributions are due once ... employee. N.J.A.C. 12:16-5.1(a). N.J.S.A. 43:21-19(i)(1)(A) defines employment as � ... the business” under prong B of the ABC test. See N.J.S.A. 43:21-7g; N.J.A.C. 12:71-1 ... to the Unemployment-Compensation and Temporary-Disability Benefit funds under N.J.S.A. 43:21-7. That determination turns on whether certain ...

docket:	a-7-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-02
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2224 IN THE MATTER OF THE COMMITMENT OF D.G -- rank: 830

... need for continued commitment under the general civil commitment statute, N.J.S.A. 30:4-27.13(b), when its treating psychiatrist testifies ... a case brought under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38, W.W. was ... t do that, you can't possibly prevail.' Ibid. See N.J.S.A. 30:4-27.30(b). The State called the psychiatrist ... and A-3603-20 15 recommended he be conditionally discharged, N.J.S.A. 30:4-27.32. W.W., 245 N.J. at ... SVPA is closely connected to the general civil commitment statute, N.J.S.A. 30:4-27.1,' and '[t]he key provision . . . N.J.S.A. 30:4-27.30(b), is identical to its ...

docket:	a3603-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-30
status:	Unpublished
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Document Size:	47749

2225 PHILIP VITALE v. SCHERING-PLOUGH CORPORATION -- rank: 830

... in case law and in the Workers' Compensation Act (WCA), N.J.S.A. 34:15-1 to -142, but reverse as to the ... his right to sue a third party, in violation of N.J.S.A. 34:15-40, and to the extent the disclaimer included ... a violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Rodriguez , supra , 225 N.J ... exception of injuries resulting from an employer's "intentional wrong." N.J.S.A. 34:15-8. This exception "must be interpreted very narrowly ... exclusive original jurisdiction of all claims for workers' compensation benefits." N.J.S.A. 34:15-49(a). Thus, our Supreme Court has recognized ... N.J. 141 (1996). Under the Comparative Negligence Act (CNA), N.J.S.A. 2A:15-5.1 to -5.8, In all ...

docket:	a1156-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-22
status:	published
citation:	447 N.J.Super. 98 146 A.3d 162
Document Size:	71201

2226 FACEBOOK, INC v. STATE OF NEW JERSEY -- rank: 830

... and identify individuals engaged in' drug distribution crimes, contrary to N.J.S.A. 2C:35- 5(a)(1), recruitment to join a street gang, contrary to N.J.S.A. 2C:33- -28, gang criminality, contrary to N.J.S.A. 2C:33-29, promotion of organized street crime, contrary to N.J.S.A. 2C:33-30, and conspiracy to commit each of these, contrary to N.J.S.A. 2C:5-2. Similar to the Atlantic CDW, the State ... are about to commit' Chapter 35 drug distribution offenses, including N.J.S.A. 2C:35-5, N.J.S.A. 2C:35- ...

docket:	a3350-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-04
status:	Published
citation:
Document Size:	82765

2227 STATE OF NEW JERSEY v. K.B. -- rank: 830

... 2004, and charged with second-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(1) (count one); second-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4(a) (count two); and second-degree conspiracy, contrary to N.J.S.A. 2C:5-2 (count three). On April 4, 2005, following ... circumstances manifesting extreme indifference to the value of human life." N.J.S.A. 2C:12-1(b)(1). The endangering the welfare of ...

docket:	a0313-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-08-05
status:	unpublished
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2228 STATE OF NEW JERSEY v. ROBERT H. HANKINS -- rank: 830

... an Ocean County Grand Jury for first-degree attempted murder, N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. 2C:5-1(a) (count one); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count two); and two counts of fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (counts three and four). 1 The ... his release from incarceration, under the No Early Release Act, N.J.S.A. 2C:43-7.2. The court merged defendant's conviction ... excessive, the court incorrectly found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9) based upon ...

docket:	a5282-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-19
status:	unpublished
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Document Size:	48786

2229 /usr/local/share/www/libweb/collections/courts/appellate/a3167-16.opn.html -- rank: 830

... indictment charging defendant, Williams, and Diaz with first-degree robbery, N.J.S.A. 2C:15-l(a)(1) and (2) (count one); second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1) and (2) (count two); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count three); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count four); third-degree possession ... a weapon, specifically a tire iron, for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count five); and fourth- degree ...

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court:	NJ Superior Court Law/Chancery Division
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2230 IN THE MATTER OF M.J -- rank: 830

... with appropriate residential services violated the Developmental Disabilities Rights Act, N.J.S.A. 30:6D-1 to -12, and related state and federal ... s obligation to provide M.J. with "appropriate functional services," N.J.S.A. 30:4-25.6, AAC Apgar found the following with ... issue as to whether the family requested day services. See N.J.S.A. 30:4-25.6 (stating that "[t]he commissioner shall ... was therefore not entitled to an emergency placement pursuant to N.J.S.A. 10:46B-3.3(a). Ibid . We also rejected J ... to provide alternate services to him. Ibid. We noted that " N.J.S.A. 30:4-25.6 requires DDD to provide alternate service ... any assistance" was a "proper application" for day services under N.J.S.A. 30:4-25.6. We have already determined the ...

docket:	a4136-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-13
status:	unpublished
citation:
Document Size:	64774

2231 IN THE MATTER OF THE CIVIL COMMITMENT OF D.C -- rank: 830

... day, D.C. was involuntarily committed to Hampton pursuant to N.J.S.A. 30:4-27.10(a). A week later on April ... As a result, our Legislature and Supreme Court have promulgated N.J.S.A. 30:4-27.1 to -27.23 and Rule 4 ... available to meet the person's mental health care needs. [ N.J.S.A. 30:4-27.2(m); see R. 4:74-7 ... results in the severity of impairment described in the statute. N.J.S.A. 30:4-27.2(r). A judge may not commit ... property.' Raymond S., 263 N.J. Super. at 431 (citing N.J.S.A. 30:4-27.9(b); N.J.S.A. 30:4-27.15(a); R. 4:74-7( ...

docket:	a2748-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-18
status:	Unpublished
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Document Size:	50949

2232 STATE OF NEW JERSEY v. ROBERT C. GRILLO -- rank: 830

... counts of first-degree aggravated sexual assault of F.R., N.J.S.A. 2C:14-2(a)(1) and (a)(2); two counts of second-degree sexual assault of F.R., N.J.S.A. 2C:14-2(c)(3); and six counts of second-degree endangering the welfare of F.R., N.J.S.A. 2C:24-4(a).1 The judge imposed an aggregate ... years' imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, to be served consecutively to a ... this indictment. The judge found aggravating factors three and nine. N.J.S.A. 2C:44- 1(a)(3) (the risk of re-offense ... these offenses, so the judge also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal ...

docket:	a0922-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-11
status:	Unpublished
citation:
Document Size:	60159

2233 FAIR SHARE HOUSING CENTER INC v. THE ZONING BOARD OF THE CITY OF HOBOKEN -- rank: 830

... need for additional units. Neither the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329, nor Mount Laurel 2 case ... the New Jersey A-1499-17 8 Civil Rights Act, N.J.S.A. 10:6-1 to -2; (2) requiring a ten percent ... the zoning ordinance and the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -136. In 2010, the Zoning Board ... whenever the proposed development requires approval' of a use variance. N.J.S.A. 40:55D-76(b). Thus, if an application before a ... authorized zoning power under the MLUL. However, their reliance on N.J.S.A. 40:55D-42 for this proposition is misplaced. That statute ... the developer, which shall include increased densities and reduced costs.' N.J.S.A. 52:27D-311(h). The Appellate Division has noted ...

docket:	a1499-17
court:	NJ Superior Court Appellate Division
decided:	2020-09-30
status:	Unpublished
citation:
Document Size:	80622

2234 ROTIMI OWOH v. WEST WINDSOR PLAINSBORO REGIONAL SCHOOL DISTRICT CUSTODIAN OF RECORDS -- rank: 830

... upon putative violations of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (LAD); the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (NJCRA); and the Federal Civil ... off complaints commenced pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (OPRA), and the common law ... it may have while in or upon any school building, N.J.S.A. 47:1A-1.1, and (2) predominately contained juvenile records ... Privacy Act, 20 U.S.C.A. 1232 (g) (FERPA); N.J.S.A. 18A:17-46 and N.J.A.C. 6A:16 ... government records shall be subject to public access unless exempt." N.J.S.A. 47:1A-1. The custodian of the government record ...

docket:	a5583-07
court:	superior court appellate division
decided:	2010-03-17
status:	unpublished
citation:
Document Size:	157206

2235 STATE OF NEW JERSEY v. AHMED ELKWISNI -- rank: 830

... a jury trial of second-degree robbery, in violation of N.J.S.A. 2C:39-5b. He was acquitted of kidnapping, armed robbery ... that the mitigating factors substantially outweigh[ed] the aggravating factors." N.J.S.A. 2C:44-1f(2). Footnote: 2 The NERA parole disqualifier ...

docket:	A1105-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-06
status:	published
citation:
Document Size:	112410