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3046 STATE OF NEW JERSEY v. ADRIAN C. HICKEN -- rank: 824
... his three codefendants with five counts of first-degree robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:2-6 (counts one through five); five counts of third-degree criminal restraint, N.J.S.A. 2C:13-2(a) and N.J.S.A. 2C:2-6 (counts six through ten); second-degree theft of movable property, N.J.S.A. 2C:20-3 and N.J.S.A. 2C:2-6 (count eleven); third-degree possession of ...
docket: a3675-13
court: NJ Superior Court Appellate Division
decided: 2017-03-06
status: unpublished
citation:
Document Size: 66391
3047 STATE OF NEW JERSEY v. JEREMIAH HUPKA -- rank: 824
... or any of its administrative or political subdivisions, pursuant to N.J.S.A. 2C:51-2(d)." Defendant contends that his conviction of fourth-degree criminal sexual contact, N.J.S.A. 2C:7-1 to -21, were not implicated. Defendant and ... judge initially noted that subsection (a) of the forfeiture statute, N.J.S.A. 2C:51-2, was "inapplicable" because defendant had agreed to ... See Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:44-1 (2008) (noting "[m]any [] cases affirm all ... evidence implies that defendant committed an act of "sexual penetration," N.J.S.A. 2C:14-2, which serves to distinguish that crime from "sexual contact" in all its forms. N.J.S.A. 2C:14-3. Similarly, consideration of K.W.'s " ...
docket: a4882-07
court:
decided: 24-00-21
status: Published
citation: 407 N.J. Super. 489 971 A.2d 1102
Document Size: 78855
3048 STATE OF NEW JERSEY v. JOHN J. GUTIERREZ -- rank: 824
... jury returned an indictment charging defendant with second-degree manslaughter, N.J.S.A. 2C:ll-4(b)(1) (count one); second-degree aggravated assault, N.J.S.A. 2C:12-l(b)(1) (count two); and with third-degree possession of CDS (PCP), N.J.S.A. 2C:35-l0(a)(1) (count three). Prior to defendant ... parole ineligibility period under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. This appeal followed. On appeal, defendant ... regarding the applicability of the statutory aggravating and mitigating charges, N.J.S.A. 2C:44-1(a) and (b), as well as defendant ... range for his second-degree conviction of aggravated assault. See N.J.S.A. 2C:44-1(f)(2); State v. Megargel, 143 ...
docket: a3002-17
court: NJ Superior Court Appellate Division
decided: 2019-12-05
status: Unpublished
citation:
Document Size: 40639
3049 BOROUGH OF SADDLE RIVER v. 66 EAST ALLENDALE, LLC -- rank: 824
... essential statutory criteria required to approve a 'bulk' variance under N.J.S.A. 40:55D-70c 5 ha[d] been established by competent ... 230 (2008)). Pursuant to the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, to take private property, the ... requirement demonstrated that both positive and negative criteria mandated by N.J.S.A. 40:55D-70c(2) would have been met. Therefore there ... can be granted for the improved lot coverage as a [ N.J.S.A. 40:55D-70]c(2) variance. 1) the application would ... of each district and its peculiar suitability for particular uses.'" N.J.S.A. 40:55D-62. He also stated that in 2002 the ... 61% to 80%, and that in such a situation, "a [ N.J.S.A. 40:55D-70]c(2) argument [could be advanced] ...
docket: a2886-10
court: NJ Superior Court Appellate Division
decided: 2012-03-26
status: published
citation: 424 N.J.Super. 516 38 A.3d 686
Document Size: 81764
3050 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.V.S. (deceased and G.L.L., SR -- rank: 824
... proved, by clear and convincing evidence, all four prongs of N.J.S.A. 30:4C-15.1(a). The judge first found all ... of 'withholding solicitude, nurture, and care' were cognizable harms under N.J.S.A. 30:4C-15.1(a)(1) and In re Guardianship ... the comparison to Title 9 abuse and neglect proceedings under N.J.S.A. 2A:84A-32.4(d), that require defense counsel's ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] 'The four criteria enumerated in ... judge's prong three and four findings. A. Prong Three N.J.S.A. 30:4C-15.1(c) defines reasonable efforts as those ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] The focus is on ...
docket: a3261-20
court: NJ Superior Court Appellate Division
decided: 2022-10-31
status: Unpublished
citation:
Document Size: 45818
3051 STATE OF NEW JERSEY v. M.C.-A -- rank: 824
... convictions include two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); one count of first-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(b)(3); and four second- and third ... thirty-four-year custodial term, subject to Megan's Law, N.J.S.A. 2C:7-1 to -23, and the No Early Release Act, N.J.S.A. 2C:43-7.2. We assume the reader's familiarity ... of sexual assault under the age of eighteen is prohibited, N.J.S.A. 2A:82-46, and because the names of child victims of sexual assault under N.J.S.A. 2A:82-46, and the names of victims of ...
docket: a4515-18
court: NJ Superior Court Appellate Division
decided: 2021-07-26
status: Unpublished
citation:
Document Size: 44126
3052 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.W. -- rank: 824
... to protect the welfare of children." Id. at 347; see N.J.S.A. 30:4C-1(a). Under N.J.S.A. 30:4C-15.1(a), the Division must prove by ... v. F.M. , 211 N.J. 420 , 447 (2012); see N.J.S.A. 30:4C-15(c). 3 The Division must show that ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are ... review. III. "[T]he two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related ... parental relationship" if the children are placed in their care. N.J.S.A. 30:4C-15.1(a)(1). The Division "does ...
docket: a1845-11
court: NJ Superior Court Appellate Division
decided: 2014-01-10
status: unpublished
citation:
Document Size: 53679
3053 /usr/local/share/www/libweb/collections/courts/appellate/a3262-17.opn.html -- rank: 824
... reference. See R. 1:38-3(c)(9); see also N.J.S.A. 2A:82-46. PER CURIAM Tried to a jury, defendant ... Bergen County indictment, as follows: first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(2)(a) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(3)(a) (counts two and three); third-degree criminal sexual contact, N.J.S.A. 2C:14-3(a) (counts four and five); third-degree endangering the welfare of a child (EWC), N.J.S.A. 2C:24-4(a), as a lesser-included offense of ... degree EWC (count eight); and fourth- degree criminal sexual contact, N.J.S.A. 2C:14-3(b) (count nine). The jury acquitted ...
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Document Size: 71988
3054 STATE OF NEW JERSEY v. JASON W. VANDEREE -- rank: 824
... pled guilty to three counts of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a). He was sentenced to an aggregate ... was charged with three counts of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a); three counts of second-degree death by auto, N.J.S.A. 2C:11-5(a); three counts of third-degree strict liability vehicular homicide, N.J.S.A. 2C:11- 5.3(a); two counts of fourth-degree assault by auto, N.J.S.A. 2C:12-1(c)(2); and third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1). A-2329-21 6 ...
docket: a2329-21
court: NJ Superior Court Appellate Division
decided: 2023-07-05
status: Published
citation:
Document Size: 52154
3055 JOHN PAFF v. BERGEN COUNTY -- rank: 824
... a request filed under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Plaintiff John Paff requested a ... Gilleran v. Bloomfield , 227 N.J. 159 , 170 (2016) (quoting N.J.S.A . 47:1A-1). OPRA "sets forth in detail the manner ... underscoring the responsiveness and cooperation expected from custodians." Ibid. (citing N.J.S.A. 47:1A-5). Further, the statute mandates "all government records shall be subject to public access unless exempt," N.J.S.A. 47:1A-1, and it places on the government the burden of establishing an exemption. N.J.S.A. 47:1A-6; see Mason v. City of Hoboken , 196 ... be confidential." Gilleran , supra , 227 N.J. at 170 (quoting N.J.S.A. 47:1A-1.1). However, the public entity must ...
docket: a1839-14
court: NJ Superior Court Appellate Division
decided: 2017-03-13
status: unpublished
citation:
Document Size: 52932
3056 BrianRoyster v. New Jersey State Police -- rank: 824
... thereof, and all public officers, agencies, boards, or bodies.” N.J.S.A. 10:5-5(e). Because the NJSP is precluded from ... law, rule or regulation or under the common law.” N.J.S.A. 34:19-8. This provision does not apply to those ... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, and the federal Americans with ... LAD, ADA, and New Jersey Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. At the close of plaintiff ... the LAD claims as precluded by CEPA’s waiver provision, N.J.S.A. 34:19-8. Following summation, the jury returned a verdict ... Schering Corp. , 141 N.J. 16 , 29 (1995); see also N.J.S.A. 34:19-8 (requiring a plaintiff to waive “ ...
docket: A-1-15
court: NJ Supreme Court
decided: 0000-00-00
status:
citation: 227 N.J. 482 152 A.3d 900
Document Size: 82845
3057 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES V. P.H. -- rank: 824
... had not proven abuse and neglect by either parent under N.J.S.A. 9:6-8.21(c)(4). The judge returned the ... Michael and Xia were abused or neglected children pursuant to N.J.S.A. 9:6-8.21(c), the trial judge relied upon ... 383 (1999)). The Division brought this case under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, the statute covering ... of the evidence that the child was abused or neglected. N.J.S.A. 9:6-8.44. The evidence presented at a fact-finding hearing must be competent, material and relevant. N.J.S.A. 9:6-8.46(b)(2). An "abused or neglected ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4).] In determining whether ...
docket: a1935-11
court: NJ Superior Court Appellate Division
decided: 2013-05-17
status: unpublished
citation:
Document Size: 43329
3058 EAST CAPE MAY ASSOCIATES VS STATE OF NEW JERSEY, DEPT OF ENVIRONMENTAL PROTECTION -- rank: 824
... designation which subjects the property to heightened protection against development. N.J.S.A. 13:9B-7, -10c; see Rossi v. Division of Coastal ... and Brodesser filed a CAFRA (Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq. ) application to construct ninety-six ... the matter was transferred to the Office of Administrative Law. N.J.S.A. 13:9B-20. Prior to any hearing, the applicants stipulated ... J.A.C. 7:7A-3.3(c)(2). See N.J.S.A. 13:9B-10a. Cf. Stone v. Division of Coastal Resources ... the project on public health and fish and wildlife. . . . See N.J.S.A. 13:9B-9b. Because the subject property is the habitat ... that: Provisions of the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, et seq. , the New Jersey Wetlands ...
docket: a4852-94
court: njappellate
decided: 1997-04-29
status: published
citation: 300 N.J.Super. 325
Document Size: 75555
3059 SANDRA NICHOLAS v. HACKENSACK UNIVERSITY MEDICAL CENTER -- rank: 824
... Jersey Medical Care Access and Responsibility and Patients First Act, N.J.S.A. 2A:53A-37 to -42. The physicians claimed Dr. Eigen ... in 2011, and therefore did not satisfy the requirements of N.J.S.A. 2A:53A-41(a)(2). In its written opinion, the ... proffered expert[, Dr. Eigen,] is qualified as an expert under N.J.S.A. 2A:53A-41(a)(1) or N.J.S.A. 2A:53A-41(a)(2) as required under Nicholas v ... critical care, he did not satisfy the requirements of either N.J.S.A. 2A:53A-41(a)(2)(a) or N.J.S.A. 2A:53A-41(a)(2)(b), 'which require either ...
docket: a5165-15
court: NJ Superior Court Appellate Division
decided: 2018-08-09
status:
citation: 456 N.J.Super. 110 192 A.3d 16
Document Size: 40197
3060 STATE OF NEW JERSEY v. TODD STATHUM -- rank: 824
... of third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (counts one, eleven, fourteen, and ... of third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(3) (counts two, twelve, fifteen, and ... within 1000 feet of school property with intent to distribute, N.J.S.A. 2C:35(b)(3) and 2C:35-7 (counts sixteen ... and twenty-one); four counts of third-degree drug distribution, N.J.S.A. 2C:35-5(b)(3) (counts four, thirteen, seventeen, and ... third-degree drug distribution within 1000 feet of school property, N.J.S.A. 2C:35-5(b) and 2C:35-7 (counts eighteen ... within 1000 feet of school property with intent to distribute, N.J.S.A. 2C:35-7, and count five, distribution within 1000 ...
docket: a3531-08
court: NJ Superior Court Appellate Division
decided: 2011-04-11
status: unpublished
citation:
Document Size: 71707
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