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32341 STATE OF NEW JERSEY v. ABISMAL ARROYO -- rank: 636

... No. 04-09-3855, as amended from first-degree murder, N.J.S.A. 2C:11-3, to first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1). Pursuant to the plea bargain ... sentence of imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant was placed under oath and ... concluded that Judge Natal erred in finding aggravating factor twelve, N.J.S.A. 2C:44-1(a)(12), and remanded for entry of ... that defendant fired in defense of others, as excused by N.J.S.A. 2C:3-5. Based upon defendant's own statements, he ...

docket:	a2668-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-18
status:	unpublished
citation:
Document Size:	29867

32342 KING PLAZA RESIDENTIAL v. TEOFILA SANCHEZ -- rank: 636

... the relief: Rule 1:4-8; the frivolous litigation statute, N.J.S.A. 2A:15-59.1; punitive damages based upon plaintiff's ... willful disregard of persons harmed"; and the Consumer Fraud Act, N.J.S.A. 56:8-1 to -184 (the CFA). In support of ... 181 , 193 (App. Div. 2005)). " Rule 1:4-8 supplements N.J.S.A. 2A:15-59.1, which is the frivolous claim statute ... who prevails in a civil action" is entitled to . . . relief. N.J.S.A. 2A:15-59.1(a)(1). And, "imposition of sanctions ... be used in determining an award for fees pursuant to N.J.S.A. 2A:15-59.1." Masone , supra , 382 N.J. Super ... s claim for sanctions under Rule 1:4-8 and N.J.S.A. 2A:15-59.1. On remand, defendant is entitled ...

docket:	a5811-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	19553

32343 STATE OF NEW JERSEY v. GREGORY J. BARTHOLOMEW -- rank: 636

... 05-0658 with five counts of first-degree armed robbery, N.J.S.A. 2C:15-1(a) (counts one, three, five, seven, and ... third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (counts two, four, six, eight, and ... to concurrent terms of life imprisonment without parole, pursuant to N.J.S.A. 2C:43-7.1, the so-called 'Three Strikes Law ...

docket:	a2735-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-03
status:	Unpublished
citation:
Document Size:	15158

32344 STATE OF NEW JERSEY v. JUAN A. REYES -- rank: 636

... of half an ounce or more with intent to distribute, N.J.S.A. 2C:35-5(b)(2); third-degree possession with intent to distribute methamphetamine, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... cocaine in a quantity of half an ounce or more, N.J.S.A. 2C:35-5(b)(2). The plea was entered after ... new proceeding because parole ineligibility was an unauthorized disposition. See N.J.S.A. 2C:43-2. The affidavit supporting the search warrant application ... aggravating factors three, six, and nine, and no mitigating factors. N.J.S.A. 2C:44-1(a)(3), (6), (9); N.J.S.A. 2C:44-1(b). The judge failed to explain ...

docket:	a4096-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-17
status:	Unpublished
citation:
Document Size:	13922

32345 STATE OF NEW JERSEY v. JAMES ELLERBE -- rank: 636

... to a jury, defendant was convicted of first-degree robbery, N.J.S.A. 2C:15-1 (Count One); purposeful or knowing murder, N.J.S.A. 2C:39-5b (Count Five); and second-degree possession of a weapon (handgun) for an unlawful purpose, N.J.S.A. 2C:39-4a (Count Six). On January 4, 1991, defendant ... custody. Defendant asserts that at the time he was sentenced, N.J.S.A. 2C:11-3b did not require that he serve a ... Div. 1995), that the phrase "not eligible for parole" in N.J.S.A. 2C:11-3b, "unquestionably denotes a mandatory minimum sentence" so ... Lastly, defendant contends that the phrase "not eligible for parole," N.J.S.A. 2C:11-3b, is ambiguous, and the DOC and ...

docket:	A3887-04
court:	NJ Superior Court Appellate Division
decided:	2007-09-24
status:	unpublished
citation:
Document Size:	24698

32346 IN THE MATTER OF THE ESTATE OF RONNY MOHAMMED SALEH -- rank: 636

... Notably, plaintiff did not file suit against the insurer. See N.J.S.A. 17B:24-5 (stating that an insurer is discharged of ... Life Ins. Co., 124 N.J. 338, 348 (1991) (citing N.J.S.A. 17B:24-5 and Hirsch v. Travelers Ins. Co., 153 ... Witt, 98 N.J. Super. 1, 3 (App. Div. 1967); N.J.S.A. 2A:34-1(d) (stating that a judgment of nullity ...

docket:	a0030-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-13
status:	unpublished
citation:
Document Size:	23031

32347 DEBORAH E. BIRD v. HOMEGOODS, THE TJX COMPANIES INC. -- rank: 636

... environment contrary to the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. Plaintiff, who is Caucasian, was ...

docket:	a3045-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-03
status:	unpublished
citation:
Document Size:	26027

32348 MICHEVE, L.L.C. v. WYNDHAM PLACE AT FREEHOLD CONDOMINIUM ASSOCIATION -- rank: 636

... such an imposition violates the provisions of the Condominium Act, N.J.S.A. 46:8B-1 to -38, which require the common expenses ... to the provisions of the Condominium Act. Those provisions include N.J.S.A. 46:8B-17, which requires a condominium association's "common ... entered judgment requiring defendant to refund this assessment to plaintiff. N.J.S.A. 46:8B-17 provides in pertinent part: The common expenses ... act or by the master deed or by the bylaws. [ N.J.S.A. 46:8B-3(e).] Notwithstanding the provisions of the Condominium ... imposition upon only one class of condominium unit owners violates N.J.S.A. 46:8B-17 and other provisions of the Condominium Act ... only proportionately liable for his share of the common expenses, N.J.S.A. 46:8B-3e, determined on the basis of plaintiff' ...

docket:	A1014-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-03
status:	published
citation:	381 N.J. Super. 148 885 A.2d 35
Document Size:	40426

32349 /usr/local/share/www/libweb/collections/courts/appellate/a1504-19.opn.html -- rank: 636

... generally alleging a violation of the Wage and Hour Laws, N.J.S.A. 34:11-1 to -68, among six other causes of ... TRIAL JUDGE IGNORED CASE LAW AND THE STATUTORY PROVISION IN N.J.S.A. 43:21- 19(i)(6) TO CONCLUDE THAT . . . PLAINTIFF WAS ...

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Document Size:	15700

32350 STATE OF NEW JERSEY v. GARY SUTTLE -- rank: 636

... led to defendant, who was charged with first-degree murder, N.J.S.A. 2C:11-3(a), and possession of a weapon (a hammer) for an unlawful purpose, N.J.S.A. 2C:39-4(d). Defendant's first trial, which occurred ... year prison term subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant appealed, and we affirmed the ...

docket:	a1255-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-22
status:	Unpublished
citation:
Document Size:	15541

32351 STATE OF NEW JERSEY v. EDWARD LYNCH -- rank: 636

... Judge Marmo in his October 24, 2008 opinion. Affirmed. 1 N.J.S.A. 2C:43-7.2. This archive is a service of ...

docket:	a3577-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-15
status:	unpublished
citation:
Document Size:	21386

32352 ROBERT S. SCHOMBURG v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND PARKWAY PLASTICS, INC. -- rank: 636

... informed that he was ineligible for ABT because pursuant to N.J.S.A. 43:21-60a is in the disjunctive and requires either ... is entitled to receive supplemental benefits. We are convinced that N.J.S.A. 43:21-60a requires both permanent separation from employment or ... App. Div. 2001), we concluded that the legislative purpose of N.J.S.A. 43:21-60a was to enable individuals who are economically ... a substantial reduction at the workplace. The legislative intent of N.J.S.A. 43:21-60a is, as stated in N.J.S.A. 43:21-57, to assist displaced workers to obtain long ... We are also convinced that a grammatically correct reading of N.J.S.A. 43:21-60a requires the same result. The statute ...

docket:	a6296-03
court:	njappellate
decided:	2005-11-29
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	34986

32353 STATE OF NEW JERSEY v. J.H.P. -- rank: 636

... was indicted on the following charges: second-degree aggravated assault, N.J.S.A. 2C:12-1b(2) (count one); third-degree terroristic threats, N.J.S.A. 2C:12-3b (count two); and two counts of possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (counts three and four). Following his indictment ... the nature of the offense and facts of the case, N.J.S.A. 2C:43-12e(1) and (2); and the likelihood that ... conducive to change through participation in short-term supervisory treatment, N.J.S.A. 2C:43-12e(6). Pursuant to Rule 3:28(h ... correction, responsiveness to rehabilitation and the nature of the offense." N.J.S.A. 2C:43-12(b). "Admission [into PTI] requires a ...

docket:	a5476-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-19
status:	unpublished
citation:
Document Size:	15285

32354 STATE OF NEW JERSEY v. GERARDO GOMEZ -- rank: 636

... person of another' and a reasonable person could not resist. N.J.S.A. 2C:2-9(a). In introducing evidence to support this ...

docket:	a0788-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-10
status:	Unpublished
citation:
Document Size:	18713

32355 EDWARD CURLEY v. ROBERTA CURLEY -- rank: 636

... court "analyzed all of the statutory factors set forth in N.J.S.A. 2A:34-23.1, and placed particular significance on husband ... trial judge . . . appl[ied] all the factors set forth in N.J.S.A. 2A:34-23.1 and distribute[d] the marital assets ...

docket:	a0598-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-09
status:	unpublished
citation:
Document Size:	19086