Search Rutgers Law Library N.J. Court Opinions

2686 STATE OF NEW JERSEY v. ROSENDO S. GOMEZ-SERPAS -- rank: 826

... his conviction and sentencing for first-degree murder, contrary to N.J.S.A. 2C:11-3(a)(1) and (2); fourth-degree unlawful possession of a knife, contrary to N.J.S.A. 2C:39-5(d); and third-degree possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4(d). We affirm. I. The following evidence ... defendant was indicted for first-degree murder (count one); kidnapping, N.J.S.A. 2C:13-1(b)(1) (count two); and the weapons ... count one), subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2; eighteen months imprisonment on the unlawful ... TO SUPPORT THAT DEFENSE AT THE CONCLUSION OF TRIAL. A. N.J.S.A. 2C:3-4. Use of force in self-protection. ...

docket:	a4250-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-26
status:	Unpublished
citation:
Document Size:	62309

2687 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES - v. J.F. -- rank: 826

... CLEAR AND CONVINCING EVIDENCE EACH OF THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1, AND, THEREFORE, [S.M.'S] PARENTAL ... raises these points for review: POINT I : THE ELEMENTS OF N.J.S.A. 30:4C-15.1 WERE NOT PROVEN BY CLEAR AND ... the child's best interest to preserve the family unit." N.J.S.A. 30:4C-1(a). "The balance between parental rights and ... supra , 103 N.J. at 604-11, and codified in N.J.S.A. 30:4C-15.1(a), requires the State to establish ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four requirements "relate to ... exercised an emergency removal of all three children pursuant to N.J.S.A. 9:6-8.29 and N.J.S.A. ...

docket:	a6314-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-09-04
status:	Published
citation:
Document Size:	69364

2688 STATE OF NEW JERSEY v. VERNON K. JOHNSON -- rank: 826

... CURIAM Defendant Vernon Johnson was convicted of third-degree shoplifting, N.J.S.A. 2C:20-11b(1) (Count One); first-degree robbery, N.J.S.A. 2C:15-1 (Count Two); and third-degree attempted shoplifting, N.J.S.A. 2C:20-11b(1) and N.J.S.A. 2C:5-1 (Count Three). He was sentenced to an ... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 43-7.2. On appeal, defendant challenges various aspects of ... aggravating factors: the risk that defendant will commit another offense, N.J.S.A. 2C:44-1a(3); existence of a prior record, ...

docket:	a2934-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-18
status:	unpublished
citation:
Document Size:	55124

2689 STATE OF NEW JERSEY v. RYAN J. RINKER -- rank: 826

... was convicted of second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count one), and third-degree theft of that handgun, N.J.S.A. 2C:20-3(a) (count two). 1 Defendant was sentenced ... year period of parole ineligibility pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), and a concurrent three-year term ... Conference and, in accordance with the Evidence Act of 1960, N.J.S.A. 2A:84A-33 to -44, became effective July 1, 2011 ... evidence proving the gun was a handgun as defined by N.J.S.A. 2C:39-1(f) and (k), or that it was ... not a mental disease or defect within the meaning of [ N.J.S.A. ] 2C:4-2, and he is not entitled to ...

docket:	a1238-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-29
status:	published
citation:	446 N.J.Super. 347 141 A.3d 412
Document Size:	65829

2690 DAVID J. TAYOUN v. TIMOTHY MOONEY -- rank: 826

... s complaint alleging violations of the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 (CEPA), and the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (the CRA). We have considered ... two of his complaint, plaintiff alleged that his discharge violated N.J.S.A. 40:69A-43, which required the mayor to notify the ... and because the mayor did not follow the requirements of N.J.S.A. 40:39A-43 upon discharging plaintiff. Further, plaintiff asserts the ... violated CEPA; the CRA; the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49; or a contractual right or ... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3.] "The purpose of CEPA . . . is to ...

docket:	a1154-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	53301

2691 STATE OF NEW JERSEY v. HARVEY COLE -- rank: 826

... of third-degree distribution of a controlled dangerous substance (cocaine), N.J.S.A. 2C:35-7 (Count II); and third-degree conspiracy to distribute a controlled dangerous substance, N.J.S.A. 2C:5-2 (Count III). The trial judge granted the State's motion for a mandatory extended term, N.J.S.A. 2C:43-6f, merged the Counts I and III convictions ... such an instruction. The elements of loitering are defined in N.J.S.A. 2C:33-2.1: b. A person, whether on foot ... receiving any object from a person in a public place. [ N.J.S.A. 2C:33-2.1b and c.] "An unrequested charge on ... to find appropriate charges). In Brent , the Court commented on N.J.S.A. 2C:1-8e: The statute has been characterized and ...

docket:	A3231-03
court:	NJ Superior Court Appellate Division
decided:	2005-10-17
status:	unpublished
citation:
Document Size:	103578

2692 TOWN OF HARRISON v. DIRECTOR, OF TAXATION -- rank: 826

... declaratory judgment, pursuant to the New Jersey Declaratory Judgment Act, N.J.S.A. 2A:16-50 to -62. Plaintiffs assert the Director's ... ab initio , because the Director specifically ignored the mandate in N.J.S.A. 54:1-35.25b(a)(2) to adopt a regulation ... State authority over municipal tax assessors rests with the Director. N.J.S.A. 54:1-2. The State controls the qualifications required to ... since 1968, has administered a comprehensive examination and certification process. N.J.S.A. 54:1-35.25. Thereafter, the "Assessor Recertification Bill," L ... established the procedure for the renewal of tax assessor certificates. N.J.S.A. 54:1-35.25b(a). Important to our discussion is ... requirements for continuing education may be granted by the director. [ N.J.S.A. 54:1-35.25b(a)(2).] The statute also ...

docket:	a4978-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-03
status:	unpublished
citation:
Document Size:	47374

2693 STATE OF NEW JERSEY v. DOUGLAS W. MATHIS -- rank: 826

... Mathis, with two counts of third-degree burglary, contrary to N.J.S.A. 2C:18-2 (Counts One and Three); two counts of third-degree theft of moveable property, contrary to N.J.S.A. 2C:20-3 (Counts Two and Four); and fourth-degree resisting arrest, contrary to N.J.S.A. 2C:44-3b. Scott was sentenced to concurrent extended-term ... s motion for an extended term, determining Scott eligible under N.J.S.A. 2C:44-3b for extended-term sentencing "as a professional ... defendant or others as an acceptable "cost of doing business." N.J.S.A. 2C:44-3b. The judge found aggravating factors, N.J.S.A. 2C:44-3b as a "professional criminal" without any ...

docket:	A0694-04
court:	NJ Superior Court Appellate Division
decided:	2006-09-15
status:	unpublished
citation:
Document Size:	132593

2694 STATE OF NEW JERSEY v. R.J.R -- rank: 826

... S. (Ava) when she was less than thirteen years old, N.J.S.A. 2C:14-2(a); second-degree sexual assault upon Ava ... and defendant was at least four years older than Ava, N.J.S.A. 2C:14-2(b); and second-degree endangering the welfare of a child with sexual conduct, N.J.S.A. 2C:24-4(a)(1). After two Rule 104 testimonial ... of the victim and preserve the confidentiality of these proceedings. N.J.S.A. 2A:82-46(a); R. 1:38-3(c)(9 ... percent parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2, for first-degree aggravated sexual assault ... for deterring the defendant and others from violating the law'). N.J.S.A. 2C:44- - 1(a)(2), (3), and (9). The ...

docket:	a4407-18
court:	NJ Superior Court Appellate Division
decided:	2022-10-17
status:	Unpublished
citation:
Document Size:	44699

2695 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 826

... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N.J.S.A. 9:6B-4, HAVE FOUND THAT THE TRIAL COURT HAS ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four ...

docket:	a3279-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-27
status:	Published
citation:
Document Size:	85183

2696 PETER MOCCO v. JAMES J. LICATA -- rank: 826

... plaintiffs lacked standing to assert a quiet title claim under N.J.S.A. 2A:62-1 because they have not shown 'they own ... of [the property] and claim[ed] ownership thereof' pursuant to N.J.S.A. 2A:62-1. Further, Mocco had standing to challenge the ... and unenforceable because it violated the Statute of Frauds, specifically N.J.S.A. 25:1-11, the writing requirement for conveyance of real estate, and N.J.S.A. 25:1-13, the enforceability of agreements regarding real estate ... Corp. v. Treetop Assocs., 97 N.J. 22, 31 (1984); N.J.S.A. 2A:15-7. 'The primary purpose of the notice of ... effective for five years from the date of its filing. N.J.S.A. 2A:15-11. There are no provisions in the ...

docket:	a5041-14
court:	NJ Superior Court Appellate Division
decided:	2018-06-05
status:	unpublished
citation:
Document Size:	123997

2697 State of New Jersey v. Timyan Cabbell -- rank: 826

... grand jury indicted the two defendants for first-degree murder, N.J.S.A. 2C:11-3(a)(1) and/or (2), third-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b), and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a). Defendants were jointly tried before a ... offenses. The jury convicted Cabbell of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a), Calhoun of second-degree manslaughter, N.J.S.A. 2C:11-4(b), and both defendants of the weapons ... forty years subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and merged the weapons offenses. ...

docket:	a-89-09
court:	superior court trial
decided:	2011-07-26
status:
citation:
Document Size:	115312

2698 Roxanne Gennari v. Weichert Co. Realtors -- rank: 826

... real estate developer, is liable under the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20 (the "Act"), for affirmative misrepresentations ... against commercial establishments. L. 1960 c. 39 § 3, codified at N.J.S.A. 56:8-3, -5, -8; Meshinsky v. Nichols Yacht Sales ... person in interest. [ L. 1971 c. 247 § 7, codified at N.J.S.A. 56:8-19] Then, in 1975, the Legislature further amended ... American Jeep, Inc. 72 N.J. 372, 376-77 (1977).      N.J.S.A. 56:8-2 contains the operative language:         The act, use ... person has in fact been misled, deceived or damaged thereby." N.J.S.A. 56:8-2. Notwithstanding the purchasers' inquiries, the fact remains ... Act, injured parties may recover three times their ascertainable damages. N.J.S.A. 56:8-19. The Comparative Negligence Act enables the ...

docket:	a-75-96
court:	njsupreme
decided:	1997-04-15
status:
citation:	148 N.J. 582
Document Size:	96873

2699 Ronald Durando v. The Nutley Sun and North Jersey Media Group, Inc. -- rank: 826

... he purposely obtains property of another by deception.” See N.J.S.A. 2C:20-4. That bears mentioning not because plaintiffs were ...

docket:	A-105-09
court:	NJ Supreme Court
decided:	2012-02-28
status:
citation:	209 N.J. 235 37 A.3d 449
Document Size:	120414

2700 WASHINGTON SHOPPING CENTER v. : WASHINGTON TOWNSHIP -- rank: 826

... New Jersey enacted the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35 (the “Highlands Act”), to ... of northern New Jersey identified as the Highlands Region. See N.J.S.A. 13:20-7(a). 2 of farms, open lands, residential ...

docket:	05517-16
court:	NJ Tax Court
decided:	2021-02-11
status:	Published
citation:
Document Size:	86364