Search Rutgers Law Library N.J. Court Opinions

3256 State v. Giuseppe Tedesco -- rank: 822

... standing based on the Crime Victim’s Bill of Rights, N.J.S.A. 52:4B-34 to -38, which details various rights that ... have standing to enforce their rights under the State Constitution. N.J.S.A. 52:4B-36r. In addition, the court noted that the ... with dignity and compassion by the criminal justice system.” N.J.S.A. 52:4B-36a. Victims have the right “[t]o ... the sentencing court concerning the impact of the crime.” N.J.S.A. 52:4B-36n. In 1991, the voters ratified the Victim� ... harassment or abuse by any person including the defendant.” N.J.S.A. 52:4B-36c. From the standpoint of the victims, who ... of the three counts in the indictment: first-degree murder, N.J.S.A. 2C:11-3a(1); second-degree unlawful possession of ...

docket:	A-50-12
court:	NJ Supreme Court
decided:	2013-06-24
status:
citation:	214 N.J. 177 69 A.3d 103
Document Size:	113086

3257 In re CAFRA Permit No. 87-0959-5, Issued to Gateway Associates -- rank: 822

... development permit under the Coastal Area Facilities Review Act (CAFRA), N.J.S.A. 13:19-1 to -21. ����Although the ALS opposed the ... The Policy is one of several regulations promulgated under CAFRA, N.J.S.A. 13:19-1 to -21, which sets standards for economic development in coastal areas. See N.J.S.A. 13:19-2 (setting forth legislative findings concerning CAFRA), 13 ... That issue is controlled by the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1.1 to -15, the Rules of Court ... review shall be from the final action of the agency.� N.J.S.A. 52:14B-12. In this case, CAFRA regulations allow an ... a final declaratory ruling regarding the applicability of the Policy. N.J.S.A. 52:14B-8. Nevertheless, the ALS failed for seven ...

docket:	a-2-97
court:	njsupreme
decided:	1997-12-31
status:
citation:	152 N.J. 287
Document Size:	58785

3258 STATE OF NEW JERSEY v. SETH GORDON COOPER -- rank: 822

... in five of the counts: (count one) murder, first-degree, N.J.S.A. 2C:11-3a(1), -3a(2); (count two) attempted murder, first-degree, N.J.S.A. 2C:5-1, 11-3a; (count three) possession of a ... use it unlawfully against the person of another, second-degree, N.J.S.A. 2C:39-4a; (count four) unlawful possession of the .32 caliber revolver without a permit, third-degree, N.J.S.A. 2C:39-5b; and (count seven) hindering prosecution by concealing and tampering with evidence, third-degree, N.J.S.A. 2C:29-3b(1). Defendant's trial before a jury ... a verdict on a lesser-included offense of reckless manslaughter, N.J.S.A. 2C:11-4b, under count one. The jury found ...

docket:	a3190-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-22
status:	unpublished
citation:
Document Size:	62699

3259 ENGLISH SEWAGE DISPOSAL, INC v. DIRECTOR DIVISION OF TAXATION -- rank: 822

... tax under the Sales and Use Tax Act (the Act), N.J.S.A. 54:32B-1 to -29. In her written opinion of ... a sewer service which is exempt from tax under paragraph [ N.J.S.A. ] 54:32B-3(b)(4) of the law. However, this ... septic waste from their tanks." Third, the court found that N.J.S.A. 54:49-11b, which excuses the payment of penalties or ... a different legal entity than plaintiff, with different ownership, before N.J.S.A. 54:49-11b was even enacted. The court further held ... certain personal and real property. Specifically, during the audit period, N.J.S.A. 54:32B-3(b), provided that there "shall" be a ... if any, and on the bill rendered to the purchaser[.]" N.J.S.A. 54:32B-2(d) (1999). 4 N.J.S. ...

docket:	a4539-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-25
status:	unpublished
citation:
Document Size:	56134

3260 State v. Jose Pineiro -- rank: 822

... degree conspiracy to possess a controlled dangerous substance contrary to N.J.S.A. 2C:5-2. Under the totality of the circumstances, I ...

docket:	a-100-02
court:
decided:	2004-08-02
status:
citation:	181 N.J. 13 853 A.2d 887
Document Size:	135242

3261 STATE OF NEW JERSEY v. J.M.S. -- rank: 822

... conviction of two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a), and two counts of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). He was sentenced to an aggregate ... ten-year term, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, and Megan's Law. The jury ...

docket:	a2106-10
court:	NJ Superior Court Appellate Division
decided:	2017-01-03
status:	unpublished
citation:
Document Size:	66694

3262 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.A. -- rank: 822

... Gibbons Whipple addressed the standards governing termination of parental rights, N.J.S.A. 30:4C-15.1(a)(1) to (4), as well ... hospital admission, the Division effected an emergency removal pursuant to N.J.S.A. 9:6-8.29. 3 On June 1, 2010, a ... of the "best interests of the child" test, codified in N.J.S.A. 30:4C-15, by clear and convincing evidence before termination ... convincing' proof."). Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires the Division to prove ... which led to the child's placement outside the home. N.J.S.A. 30:4C-15.1(c). Reasonable efforts will vary with ... kinship legal guardianship is in the child's best interest." N.J.S.A. 3B:12A-6(d)(3)-(4); [ N.J. Div. ...

docket:	a1941-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-25
status:	unpublished
citation:
Document Size:	56321

3263 Shlomo Hyman v. Rosenbaum Yeshiva of North Jersey -- rank: 822

... fair dealing, age discrimination pursuant to the Law Against Discrimination, N.J.S.A. 10:5-1 to -49, defamation, and tortious interference with ...

docket:	a_11_23
court:	supreme
decided:	2024-07-23
status:	Published
citation:
Document Size:	107620

3264 State v. Christopher Radel -- rank: 822

... Bryan Prall are brothers. 6 weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). In March 2015, the trial court ... degree possession of a firearm while committing a drug offense, N.J.S.A. 2C:39- 4.1(a), and second-degree unlawful possession of a firearm, N.J.S.A. 2C:39- 5(b)(1). In a second indictment, Terres ... with a single count of third-degree receiving stolen property, N.J.S.A. 2C:20-7(a). Terres filed a motion to suppress ... a forty-two-month period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(c), on the handgun charge and to ...

docket:	a-44-20
court:	NJ Supreme Court
decided:	2022-01-20
status:
citation:
Document Size:	92381

3265 State of New Jersey v. Mylee Cottle -- rank: 822

... a six-count indictment against him for third-degree stalking, N.J.S.A. 2C:12-10(c); fourth-degree stalking, N.J.S.A. 2C:12-10(b); and four counts of fourth-degree ... violating a restraining order issued to protect his former girlfriend, N.J.S.A. 2C:29-9(b). In February 1996, after a waiver ... returned an indictment charging defendant with purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) or -3(a)(2); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). In April 1996, with the ...

docket:	a-111-06
court:
decided:	2008-05-06
status:
citation:	194 N.J. 449
Document Size:	111793

3266 /usr/local/share/www/libweb/collections/courts/appellate/a4235-15.opn.html -- rank: 822

... convicted of third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2), (count one);1 two counts of fourth-degree aggravated assault with a firearm, N.J.S.A. 2C:12- 1(b)(4), (counts two and three); two counts of third-degree terroristic threats, N.J.S.A. 2C:12-3(a), (counts four and five); two counts ... second- degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a), (counts seven and eight); and second-degree certain persons not to possess a firearm, N.J.S.A. 2C:39-7(b)(1), (count nine).2 Defendant was ... as a lesser-included offense of first-degree attempted murder. N.J.S.A. 2C:11-3, 2C:5-1. 2 The State ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	49995

3267 Richard's Auto City, Inc. v. Dir, Div of Taxation -- rank: 822

... that the New Jersey Corporation Business Tax Act (CBT act), N.J.S.A. 54:10A-1 to -40, specifically, §4(k)(6 ... s regulation is in conflict with the enabling legislation in N.J.S.A. 54:10A-4(k)(6) with respect to net-operating ... making this assertion, plaintiff relies upon the plain language of N.J.S.A. 54:10A-4(k)(6) (hereinafter §4(k)(6 ... additionally, asserts that the New Jersey Business Corporation Act, specifically, N.J.S.A. 14A:10-6, ("[e]ffect of merger or consolidation"), demonstrates ... intended to be included in the statutory merger provision at N.J.S.A. 14A:10-6. Moreover, noting that this case involves a ... directs, to "any taxable year ending after June 30, 1984." N.J.S.A. 54:10A-4(k)6(B). I . The CBT ...

docket:	02933-90
court:
decided:	1992-11-25
status:
citation:	12 N.J. Tax 619
Document Size:	110326

3268 Golden v. County of Union -- rank: 822

... in their positions �at the pleasure of the respective prosecutors . . . .� N.J.S.A. 2A:158-15. This appeal requires the Court to consider ... statute unambiguously designates assistant prosecutors as at-will employees. 1. N.J.S.A. 2A:158-15 creates an at-will employment relationship between ... in their positions �at the pleasure of the respective prosecutors . . . .� N.J.S.A. 2A:158-15. This appeal requires us to consider the ... who served at the pleasure of the prosecutor pursuant to N.J.S.A. 2A:158-15, the manual's section 5 procedures do ... such salaries as he shall from time to time designate.� N.J.S.A. 2A:158A-6. In considering that statute, Judge Skillman reasoned ... protections to employees who have served in the armed services. N.J.S.A. 38:16-1 to -4.) This Court upheld the ...

docket:	a-105-98
court:	njsupreme
decided:	2000-05-09
status:
citation:	163 N.J. 420
Document Size:	58448

3269 STATE OF NEW JERSEY v. RICHARD R. DRAUGHN -- rank: 822

... prior to his arrest. He was convicted of simple assault, N.J.S.A. 2C:12-1(a); second-degree unlawful possession of a handgun, 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)(1). After merger, the court sentenced ... with four years of parole ineligibility under the Graves Act, N.J.S.A. 2C:43-6(c). On appeal, he challenges those convictions ... a Middlesex grand jury charged defendant with: second-degree burglary, N.J.S.A. 2C:18-2(a)(1); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree aggravated assault, ...

docket:	a0874-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-17
status:	Unpublished
citation:
Document Size:	53773

3270 INTHE MATTER OF THE APPROVAL OF THE APPLICATION OF THE AILANTHUS CHARTER SCHOOL -- rank: 822

... with the Charter School Program Act of 1995 (the Act), N.J.S.A. 18A:36A-1 to -18. We uphold N.J.A ... 2.1[(f)] IS INCONSISTENT WITH THE STATUTORY LANGUAGE OF N.J.S.A. 18A:36A-1 ET SEQ., AND IS CONSEQUENTLY, INVALID. (ISSUE ... for the approval and granting of charters to charter schools.' N.J.S.A. 18A:36A-3(a). In addition, the Act requires the ... rules and regulations . . . necessary to effectuate the [Act's] provisions.' N.J.S.A. 18A:36A-18. 'A key aim of the Act, indeed ... 320 N.J. Super. 174, 220 (App. Div. 1999) (quoting N.J.S.A. 18A:36A-2), aff'd as modified, 164 N.J ... 4. 'The application process is governed by the Act, see N.J.S.A. 18A:36A-4, -4.1, -5, and implementing regulations, ...

docket:	a0945-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-11
status:	unpublished
citation:
Document Size:	86897