Search Rutgers Law Library N.J. Court Opinions

3226 State v. Lavar Winder -- rank: 822

... wrong. 1. The test for criminal insanity is found in N.J.S.A. 2C:4-1, which states that a person is "not ... was wrong. In addition to reciting the language contained in N.J.S.A. 2C:4-1, the charge explains that the "question is ... At trial, he advanced the affirmative defense of insanity. See N.J.S.A. 2C:4-1 ("A person is not criminally responsible for ... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The court also sentenced defendant to ... Jersey, the test for criminal insanity is governed by statute. N.J.S.A. 2C:4-1 provides: A person is not criminally responsible ...

docket:	a-34-08
court:	supreme
decided:	2009-07-28
status:
citation:	200 N.J. 231 979 A.2d 312
Document Size:	143715

3227 State v. Herby V. Desir -- rank: 822

... possession charges relating to Methylenedioxy-N- ethylcathinone: third-degree possession, N.J.S.A. 2C:35-10(a)(1); second- degree possession with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(4); third-degree possession with intent to distribute within 1,000 feet of a school, N.J.S.A. 2C:35-7; and second-degree possession with intent to distribute within 500 feet of a public housing facility, N.J.S.A. 2C:35- 7.1. The grand jury also charged defendant ... a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.1(a); and fourth-degree possession ...

docket:	a-43-19
court:	NJ Supreme Court
decided:	2021-02-09
status:
citation:
Document Size:	93928

3228 STATE OF NEW JERSEY v. CHINUA S. ANDERSON -- rank: 822

... jury returned an indictment charging defendant with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one); third ... possession of a weapon for an unlawful purpose, a knife, N.J.S.A. 2C:39-4(d) (count two); fourth-degree unlawful possession of a weapon, a knife, N.J.S.A. 2C:39-5(d) (count three); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b) (count four). Two years later, in ...

docket:	a4654-13
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	41967

3229 STATE IN THE INTEREST OF J.F. -- rank: 822

... that, if committed by an adult, would constitute aggravated arson, N.J.S.A. 2C:17-1a, and conspiracy to commit aggravated arson, N.J.S.A. 2C:5-2. An indeterminate term not to exceed one ...

docket:	a1478-94
court:	njappellate
decided:	1995-12-22
status:	published published
citation:	286 N.J.Super. 89
Document Size:	44296

3230 Martindale v. Sandvik, Inc. -- rank: 822

... New Jersey Legislature codified its endorsement of arbitration agreements in N.J.S.A. 2A:24-1 to -11, and New Jersey courts have ... defendant alleging violation of the New Jersey Family Leave Act, N.J.S.A. 34:11B-1 to –16 (FLA). Defendant removed the matter ... and a claim under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to –49 (LAD). Defendant then moved to ... New Jersey Legislature codified its endorsement of arbitration agreements in N.J.S.A. 2A:24-1 to –11. Moreover, New Jersey courts also ... such claims to be pursued through an administrative hearing proceeding. N.J.S.A. 10:5-13. Plainly, a jury trial is not applicable ... aggrieved persons to pursue their claims in an administrative proceeding. N.J.S.A. 34:11B-11. Concerning whether the statutory claims can ...

docket:	a-10-01
court:	njsupreme
decided:	2002-07-17
status:
citation:	173 N.J. 76
Document Size:	87711

3231 SOJOURNER A., on her own behalf and as guardian <u -- rank: 822

... benefits "to all children improperly denied benefits by application of N.J.S.A. 44:10-61 and N.J.A.C. 10:90 ... 1, 1993 who have been or will be subject to N.J.S.A. 44:10-61 and N.J.A.C. 10:90-2.18 or their predecessor statute and regulations, N.J.S.A. 44:10-3.5 and N.J.A.C. 10 ... Security Act, 42 U.S.C.A. §§601 -603. See N.J.S.A. 44:10-1 to -8. Effective July 1, 1992, the New Jersey Legislature enacted the Family Development Plan (FDP), N.J.S.A. 44:10-3.3 to -3.8, which included a provision known as the family cap. N.J.S.A. 44:10-3.5. This provision denied incremental benefits ...

docket:	A2787-00
court:	NJ Superior Court Appellate Division
decided:	2002-04-05
status:	published
citation:	350 N.J. Super. 152 794 A.2d 822
Document Size:	57797

3232 MESQUITE TOWER CONSULTING, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 822

... a super-majority did not vote in its favor. See N.J.S.A. 40:55D-70(d). The minor­ity voting against the ... in the Public Access and Marina Safety Task Force Act, N.J.S.A. 13:19-38 to -45, effective on September 10, 2008 ... DEP rules that apply the public-trust doctrine to marinas. N.J.S.A. 13:19-40. The DEP regulations on which the Gleason ... 397 N.J. Super. 335 , 350 (App. Div. 2008). Under N.J.S.A. 40:55D-11, notice of an application for devel­opment ... of the property which is the subject of such hearing ." N.J.S.A. 40:55D-12(b) (emphasis added). Notice must also be ... the intervenors were provided with a right of cross-examination, N.J.S.A. 40:55D-10(d), which in any event may ...

docket:	a4682-08
court:	New Jersey Superior Court Appellate Division
decided:	2011-09-07
status:	Published
citation:
Document Size:	88692

3233 DR. BALWANT SAINI v. ROCK ASSOCIATES, LLC -- rank: 822

... in violation of the New Jersey Law Against Discrimination (NJLAD), N.J.S.A. 10:5-12, against Rock, Rock LLC, and James Street ... in compensation or in terms, conditions or privileges of employment . . . . [ N.J.S.A. 10:5-12(a) (emphasis added).] The NJLAD is intended ...

docket:	a5321-18
court:	NJ Superior Court Appellate Division
decided:	2023-03-03
status:	Unpublished
citation:
Document Size:	64731

3234 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 822

... and costs against the Township under the frivolous litigation statute, N.J.S.A. 2A:15-59.1. The court granted the motions. It ... to insure the completion of all improvements as described in N.J.S.A. 40:55D-53 in an amount approved by the Township ... process, nor authorized by the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, or any Pilesgrove ordinance. With ... liability. He opined that the procedural and substantive provisions of N.J.S.A. 40:55D-43 should apply, which require notice of deficiency ... a Planned Real Estate Development' thus triggering the provisions of N.J.S.A. 40:55D-43 setting forth standards for the establishment of ... costs is through the notice, entry and assessment provisions of N.J.S.A. 40:55D-43. The Township's counsel asserts that ...

docket:	a3301-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126549

3235 STATE OF NEW JERSEY v. JOSHUA GAUDETTE STATE OF NEW JERSEY, - v. MARIO VEGA - -- rank: 822

... Gaudette and Mario Vega were found guilty of armed robbery, N.J.S.A. 2C:15-1; armed burglary, N.J.S.A. 2C:18-2; conspiracy to commit these crimes, N.J.S.A. 2C:5-2; criminal restraint, N.J.S.A. 2C:13-2(a); possession of a handgun without obtaining a permit to carry a weapon, N.J.S.A. 2C:39-5(b); possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); and possession of a weapon ...

docket:	a0548-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-23
status:	unpublished
citation:
Document Size:	100017

3236 JOSEPH OETTINGER, III v. TOWNSHIP OF BEDMINSTER -- rank: 822

... published opinions that interpret or apply the Subpoena First Act, N.J.S.A. 2A:84A-21.9 to -21.13 (the Act), 1 ... 123 N.J. 481, 491 (1991) (analyzing the Shield Law, N.J.S.A. 2A:84A-21 to -21.8); see also In re ... such material has been or will be disseminated or published. [ N.J.S.A. 2A:84A-21.9.] Like the PPA, the Act has ... the Act, the aggrieved party may bring a civil action. N.J.S.A. 2A:84A-21.11. However, the Act does not provide ... plaintiff alleging that amywollock.com constituted harassment in violation of N.J.S.A. 2C:33-4(a). Plaintiff was found guilty in Bedminster ... application was to obtain evidence of impersonation/theft of identity, N.J.S.A. 2C:21-17(a)(1); trafficking in personal identifying ...

docket:	a1838-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-31
status:	published
citation:	433 N.J.Super. 199 77 A.3d 1242
Document Size:	67176

3237 JOHN SEALS v. COUNTY OF MORRIS -- rank: 822

... the provisions of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, serve as a bar ... TO THE PROVISIONS OF THE NEW JERSEY TORT CLAIMS ACT [ N.J.S.A. 59:1- 1 TO 12 -3]. POINT [IV] MULTIPLE IMMUNITIES ... in the solution is very great." Ibid. Further, referring to N.J.S.A. 48:17-8, the Court noted that a utility company ... on the owner's property. Ibid. The Court also referenced N.J.S.A. 48:17-11, which requires utility companies to erect poles ... location of its utility pole. Finally, we also agree that N.J.S.A. 48:3-17.1 provided yet another basis upon which ... soil upon which such pole or poles have been placed[.]" N.J.S.A. 48:3-17.1. While the property on which ...

docket:	a5433-08
court:	superior court appellate division
decided:	2010-11-24
status:	published
citation:	417 N.J.Super. 74 8 A.3d 796
Document Size:	84750

3238 Marcinczyk v. State of New Jersey Police Training Commission -- rank: 822

... discretionary immunity provisions of New Jersey’s Tort Claims Act, N.J.S.A. 59:2-3(a) and 59:3-2(a), and ... policy as expressed in the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3. A public entity ... policy as expressed in the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3 (Tort Claims Act ... attendance at a police academy for training as required under N.J.S.A. 52:17B-68 of the Police Training Act, N.J.S.A. 52:17B-66 to -77.12, and N.J.S.A. 18A:6-4.4. N.J.S.A. 52: ...

docket:	a-19-09
court:	New Jersey Supreme Court
decided:	2010-10-18
status:
citation:
Document Size:	74667

3239 DOLPHIN FATHER, LLC v. MUNICIPAL BOARD OF ALCOHOLIC BEVERAGE CONTROL OF THE CITY OF NEWARK -- rank: 822

... alleging that various provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163, and the Alcoholic Beverage Control Act ("the ABC Act"), N.J.S.A. 33:1-1 to -97, had been violated. On June ... one of the most highly regulated industries of the State[.]" N.J.S.A. 33:1-12.40(a). "It is the public policy ... to protect the health, safety and welfare of its citizens[.]" N.J.S.A. 33:1-12.40(b). Given these public policies, the ... fulfill the public policy and legislative purpose of this act[.]" N.J.S.A. 33:1-3. The Director also has the authority to ... regulations to carry out the provisions of the ABC Act. N.J.S.A. 33:1-12.38. Despite the ultimate supervisory authority ...

docket:	a4464-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-10
status:	unpublished
citation:
Document Size:	53625

3240 /usr/local/share/www/libweb/collections/courts/appellate/a5136-17.opn.html -- rank: 822

... County Indictment No. 15-06-1870 with first degree murder, N.J.S.A. 2C:11-3(a)(1), (2) (count one); third degree possession of a weapon (knife) for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count two); fourth degree unlawful possession of a weapon (knife), N.J.S.A. 2C:39-5(d) (count three); and third degree endangering the welfare of a child (J.F.), N.J.S.A. 2C:24-4(a)(2) (count four). 1 In February ... commission of an offense so long as such incapacity endures.' N.J.S.A. 2C:4- 4(a). The standard for determining competency is set forth at N.J.S.A. 2C:4- 4(b), which provides, in pertinent part: ...

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