Search Rutgers Law Library N.J. Court Opinions

32491 STATE OF NEW JERSEY v. SALVATORE PAPPALARDO -- rank: 635

... Division for refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.2. Defendant contends that his conviction should ... be read before the administration of a chemical breath test. N.J.S.A. 39:4-50.2 (e). This standard statement did not ... device if defendant refuses to provide breath samples. 1 See N.J.S.A. 39:4-50.4a(a). Thus, defendant contends he was ... officer issued defendant a summons for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and a summons for refusal to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.2. On March 14, 2012, defendant pled ... GUILTY UNDER SUMMONS NUMBER CR 061107 ALLEGING A VIOLATION OF N.J.S.A. 39:4-50.2e WHERE THE STATE FAILED TO ...

docket:	a5567-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-04
status:	unpublished
citation:
Document Size:	19260

32492 /usr/local/share/www/libweb/collections/courts/appellate/a4051-18.opn.html -- rank: 635

... late notice of claim under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. The decision was rendered ... 4051-18T1 2 the motion is '[d]enied pursuant to N.J.S.A. [59:8-9]. Plaintiff's motion of February 15, 2019 was granted in accordance with N.J.S.A. [59:8-9]. Extraordinary circumstances were shown as to why ... counsel made New Jersey Open Public Records Act (OPRA) requests, N.J.S.A. 47:1A-1 to 13, to Jersey City and, mistakenly ... McDade v. Siazon, 208 N.J. 463, 477 (2011) (quoting N.J.S.A. 59:8-9). Neither issue was mentioned in the judge ...

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Document Size:	14766

32493 IN THE MATTER OF THE CIVIL COMMITMENT OF J.Z.M. -- rank: 635

... sexually violent predator under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. He was initially ...

docket:	a0940-07
court:	NJ Superior Court Appellate Division
decided:	2008-03-06
status:	published
citation:
Document Size:	35553

32494 STATE OF NEW JERSEY v. RONRAY L. HARRIS -- rank: 635

... 500 feet of a public housing facility, park or building, N.J.S.A. 2C:35-7.1(a); third-degree possession with intent to distribute, N.J.S.A. 2C:35-5(b)(3); third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); and fourth-degree hindering the ... prosecution, or conviction of possession or distribution of crack-cocaine, N.J.S.A. 2C:29-3(a). 1 Defendant, who conceded the Complaint ... hearing, defendant pled guilty to third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1). During the plea colloquy, defendant ... possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S. ...

docket:	a1980-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	18203

32495 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.C. -- rank: 635

... and eight-year old son S.C., in violation of N.J.S.A. 9:6-8.21c, by failing to make appropriate arrangements ... harm to the children by a preponderance of the evidence , N.J.S.A. 9:6-8.21c(4)(b), -8.46b , we reverse ... that defendant had neglected her minor children in violation of N.J.S.A. 9:6-8.21c(4), by failing to adequately supervise ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21c(4).] In G.S. v. Department ... not sufficient to establish that defendant neglected her children under N.J.S.A. 9:6-8.21c. There was unrefuted testimony at the ... s finding that she neglected her children in violation of N.J.S.A. 9:6-8.21c. Reversed. 1 Defendant's mother ...

docket:	a4784-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-15
status:	unpublished
citation:
Document Size:	26165

32496 STATE OF NEW JERSEY v. HAKEEM LESTER -- rank: 635

... with: third-degree possession of a controlled dangerous substance (PCP), N.J.S.A. 2C:35-10(a)(1) (count one); second-degree possession ... to distribute in a quantity of less than ten grams, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(7) (count two); third-degree possession ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-7 (count three); and second-degree possession of ... 500 feet of a public housing facility, park or building, N.J.S.A. 2C:35-5(a)(1) and N.J.S. ...

docket:	a5009-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-26
status:	unpublished
citation:
Document Size:	20415

32497 STATE OF NEW JERSEY v. MARK GREEN -- rank: 635

... for fourth-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1); third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(11); and third-degree possession of ... with intent to distribute within 1000 feet of a school, N.J.S.A. 2C:35-7. On appeal, defendant raises the following arguments ... his failure to signal had the potential to affect traffic. N.J.S.A. 39:4-126 provides that "[n]o person shall so ... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the ... Defendant to be sentenced to an extended term pursuant to [ N.J.S.A. 2C:43-6(f)]. The State will move for ...

docket:	a1938-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-06
status:	unpublished
citation:
Document Size:	17086

32498 IN THE MATTER OF THE CIVIL COMMITMENT OF E.L.C. -- rank: 635

... pursuant to the New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A . 30: 4-27.24 to -27.38. We affirm. Forty ... year term for the predicate offense of aggravated sexual assault, N.J.S.A. 2C:14-2a(1), and endangering the welfare of a child, N.J.S.A. 2C:24-4. Those offenses involved his sexual penetration of ... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26(b). [T]he State must prove ... whether the committee will be released or remain in treatment. N.J.S.A. 30:4-27.35. The burden remains upon the State ...

docket:	a1335-11
court:	NJ Superior Court Appellate Division
decided:	2012-04-11
status:	unpublished
citation:
Document Size:	22388

32499 STATE OF NEW JERSEY v. ANGEL M. SANTOS -- rank: 635

... Tommie Jones, and Mark A. Poindexter pled guilty to violating N.J.S.A. 2C:40-26(b), and now appeal from the 180-day jail term the court imposed pursuant to N.J.S.A. 2C:40-26(c). We affirm the sentence in each ... a grand jury returned an indictment charging Santos, pursuant to N.J.S.A. 2C:40-26(b), with operating a motor vehicle while ... and later mailed him a summons charging him pursuant to N.J.S.A. 2C:40-26(b). On June 4, 2013, Jones pled ... DWI conviction. He was indicted on one count of violating N.J.S.A. 2C:40-26(b). Poindexter pled guilty on June 25 ... a stay pending appeal. II These three appeals focus on N.J.S.A. 2C:40-26, which provides in relevant part: b. ...

docket:	a0594-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	19487

32500 JOSE CABRERA - v. COUSINS SUPERMARKET - -- rank: 635

... permitting respondent Cousins Supermarket (Cousins) to assert a lien under N.J.S.A. 34:15-40. As we find that Cousins had that ... Cousins filed a motion to enforce the lien pursuant to N.J.S.A. 34:15-40 before the workers' compensation judge. The judge ... Manor , 404 N.J. Super 542 , 548 (App. Div. 2009). N.J.S.A. 34:15-40(b) allows a compensation lien to attach ... in the high/low agreement, this represented a settlement triggering N.J.S.A. 34:15-40 because it was a payment received from ... Frazier , it was determined that a statutory lien attaches under N.J.S.A. 34:15-40 to the proceeds of a legal malpractice ...

docket:	a5287-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	18512

32501 STATE OF NEW JERSEY v. MICHAEL A. WARNER -- rank: 635

... Warner appeals from the conviction of fourth-degree criminal trespass, N.J.S.A. 2C:18-3(a). He argues that the State presented ... heard the gun discharge. 1 Defendant was indicted for burglary, N.J.S.A. 2C:18-2 (count one); aggravated assault, N.J.S.A. 2C:12-1(b)(4) (count two) and possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three). The trial judge found ... any event, before a plea or verdict."). Legislatively established by N.J.S.A. 2C:43-12(e), and implemented by our Supreme Court ... be guided by seventeen factors enumerated in the PTI statute. N.J.S.A. 2C:43-12(e)(1) to (17). [A] PTI ...

docket:	a4048-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-11
status:	unpublished
citation:
Document Size:	18360

32502 ROSE GERSZBERG V. JACUZZI WHIRLPOOL BATH -- rank: 635

... by an administrator ad pros . specially appointed for that purpose. N.J.S.A. 2A:31-2. If the decedent dies testate, his executor ... administrator of the estate, never to the administrator ad pros . N.J.S.A. 2A:31-6. No matter who brings the action, recovery ... entitled to take any intestate personal property of the decedent." N.J.S.A. 2A:31-4. The statute goes on to provide that ... the members of the class entitled to share in it. N.J.S.A. 2A:31-4. See Jurman v. Samuel Braen, Inc. , 47 ... here was apportioned among plaintiff and her children pursuant to N.J.S.A. 2A:31-4. The argument is advanced that each distributive ... minor at the time of the order of distribution under N.J.S.A. 2A:31-4, See footnote 5 then the court ...

docket:	a2050-94
court:	njappellate
decided:	1995-12-27
status:	published published
citation:	286 N.J.Super. 197
Document Size:	21199

32503 LARIDIAN CONSULTING INC v. PEDRO G. BOLANOS -- rank: 635

... s joint bank account with his wife was governed by N.J.S.A. 17:16I-4, which provides in pertinent part: Unless a ... account, this would trigger the operation of the part of N.J.S.A. 17:16I-4(a), which states that "[a] joint account ... of the account would be governed by the part of N.J.S.A. 17:16I-4(a) which provides that "[i]n the ...

docket:	a1886-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-07
status:	unpublished
citation:
Document Size:	19417

32504 PETER KAVITT et al. v. RONALD J. BERGE -- rank: 635

... plaintiffs' injuries were subject to the Fireman's Rule, citing N.J.S.A. 2A:62A-21, a statute that abolished the doctrine except ...

docket:	a6423-04
court:	njappellate
decided:	2006-08-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38757

32505 STATE OF NEW JERSEY v. LAWRENCE BARLOW -- rank: 635

... him. The jury found defendant guilty of first-degree robbery, N.J.S.A. 2C:15-1, and third-degree possession of a weapon ...

docket:	A3189-05
court:	NJ Superior Court Appellate Division
decided:	2007-04-17
status:	unpublished
citation:
Document Size:	41251