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32731 IMO PETITION FOR EXPUNGEMENT OF RECORDS OF D.A.C., D.A.C., Petitioner-Appellant v. STATE OF NEW JERSEY, Respondent-Respondent. -- rank: 633

... distribution of LSD, See footnote 1 1     The expungement statute, N.J.S.A. 2C:52-2a, provides in pertinent part:         In all cases ... statutory exceptions to eligibility for expungement is set forth in N.J.S.A. 2C:52-2c:         In the case of conviction for the ... person convicted as an accomplice of an offense specified in N.J.S.A. 2C:52-2c is eligible to obtain expungement even though ... statutory bar in CDS distribution cases against eligibility for expungement, N.J.S.A. 2C:52-2c, applies equally to principals and accomplices. Accordingly ... presents no basis for expunging petitioner's offense. As noted, N.J.S.A. 2C:52-2c prohibits expungement of a "conviction for the ... this case. There, the court referred to the portions of N.J.S.A. 2C:52-2b that bar expungement not only for ...

docket:	a3402-99
court:	njappellate
decided:	2001-02-28
status:	published
citation:	337 N.J.Super. 493
Document Size:	15998

32732 STATE OF NEW JERSEY v. KEN GUNTER -- rank: 633

... defendant was indicted on the following charges: first-degree robbery, N.J.S.A. 2C:15-1; second-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). Defendant entered a guilty plea as ... judge found aggravating factors three, six, and nine were applicable. N.J.S.A. 2C:44-1(a)(3), (6), (9). He found no ... years in prison subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. On the unlawful possession of a ... provide the sentencing court with proofs supporting two mitigating factors: N.J.S.A. 2C:44-1(b)(2), defendant did not contemplate ...

docket:	a0198-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-26
status:	Unpublished
citation:
Document Size:	12432

32733 R.H v. C.R. -- rank: 633

... H., pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25- 17 to -35. He also appeals the order ... found R.H. proved the predicate act of assault under N.J.S.A. 2C:12-1 'because of her testimony saying she was ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred,' and (2) that the ...

docket:	a1124-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-16
status:	Unpublished
citation:
Document Size:	13340

32734 STATE OF NEW JERSEY v. JOSE CRUZ -- rank: 633

... Cruz was convicted by a jury of first-degree robbery, N.J.S.A. 2C:15-1 (count one); second-degree burglary, N.J.S.A. 2C:18-2 (count two); third-degree theft, N.J.S.A. 2C:20-3 (count three); first-degree kidnapping, N.J.S.A. 2C:13-1b (count four); and third-degree terroristic threats, N.J.S.A. 2C:12-3b (count five). He was acquitted of two ... s sentence, the presumptive term for kidnapping is twenty years, N.J.S.A. 2C:44-1. Accordingly, we remand for re-sentencing ...

docket:	A0916-03
court:	NJ Superior Court Appellate Division
decided:	2006-03-10
status:	unpublished
citation:
Document Size:	39386

32735 HUDSON CITY SAVINGS BANK v. RYONG HI YI -- rank: 633

... s motion was denied. Kim appealed and argues that under N.J.S.A. 3B:28-33 she is entitled to one-half 3 N.J.S.A. 3B:28-3 provides: During life every married individual shall ... of right for one-half the surplus funds' pursuant to N.J.S.A. 3B:28-3 and this court's decision dated November ... doctrine, the equitable tolling doctrine or the statutory requirements of N.J.S.A. 3B:28-3. She has presented no proofs beyond her ...

docket:	a0565-08
court:	NJ Superior Court Appellate Division
decided:	2009-08-06
status:	unpublished
citation:
Document Size:	19039

32736 STATE OF NEW JERSEY V. KEVIN VONDERFECHT -- rank: 633

... to determine the arresting authority of a police officer is N.J.S.A. 40A:14-152. The statute provides in pertinent part: "The ... person or any person committing a breach of the peace." N.J.S.A. 40A:14-152 (emphasis added).     A careful reading of that ... the legislative name of the offense.     To be sure, when N.J.S.A. 40A:14-152 (L. 1971, c. 197, § 1) was enacted ... Criminal Code, all disorderly persons offenses were set forth in N.J.S.A. 40A:14-152 was left intact. In our view, its ... disorderly, whether petty or otherwise.     The statutory phrase used in N.J.S.A. 40A:14-152, "any disorderly person," does not focus upon ... neither contemplated nor intended by the Legislature when it left N.J.S.A. 40A:14-152 extant upon adoption of the New ...

docket:	a4559-94
court:	njappellate
decided:	1995-10-24
status:	published
citation:	284 N.J.Super. 555
Document Size:	12914

32737 STEPHEN SCHECTER et al. v. J.F. KIELY CONSTRUCTION COMPANY -- rank: 633

... at that point, was to have its vehicles legally parked, N.J.S.A. 39:4-138, because it is reasonably foreseeable that there ...

docket:	A3005-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-02
status:	unpublished
citation:
Document Size:	40221

32738 JAMES FLYNN v. NICHOLAS SEVASTAKIS AND DALE SEVASTAKIS -- rank: 633

... deemed a demand loan, the six year statute of limitations, N.J.S.A. 2A:14-1, had long passed by the time suit ...

docket:	a3263-04
court:	njappellate
decided:	2006-03-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39115

32739 JANET DUDDY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY -- rank: 633

... plea of guilty to a charge of receiving stolen property. N.J.S.A. 2C:20-7a. When plaintiff learned what had happened, she ... 580 (App. Div.), certif. denied , 200 N.J. 549 (2009); N.J.S.A. 2C:20-2. The significance of this statutory unification of ...

docket:	a4293-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-01
status:	published
citation:	421 N.J. Super. 214 23 A.3d 436
Document Size:	21311

32740 STATE OF NEW JERSEY v. TERRANCE STOKES -- rank: 633

... as follows: (1) eighteen months for fourth-degree criminal trespass, N.J.S.A. 2C:18-3, on April 10, 2000 (amended count one ... with intent to distribute in or near a public park, N.J.S.A. 2C:35-7.1, on May 9, 2000 (count three ... 3) two eighteen-month terms for fourth-degree criminal contempt, N.J.S.A. 2C:29-9(a), on July 19, 2000, and August ... for second-degree certain person not to possess a firearm, N.J.S.A. 2C:39-7, on November 10, 13, and 16, 2000 ... and five years of parole supervision, for first-degree robbery, N.J.S.A. 2C:15-1, committed on those same three November 2000 ... was clearly convinced that aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9), substantially ...

docket:	a5239-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-30
status:	unpublished
citation:
Document Size:	22368

32741 DIANE ADAMS v. JAMES ADAMS -- rank: 633

... trial court should have considered 'the factors set forth in N.J.S.A. 2A:34-23 to determine the proper level of support ...

docket:	a1998-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-06
status:	unpublished
citation:
Document Size:	20890

32742 DEBORAH STORCELLA VS STATE OF NEW JERSEY, DEPT OF TREASURY, DIV. OF LOTTERY -- rank: 633

... to follow section 3 of the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-, and to license Storcella.      N.J.S.A. 2A:168A-3 provides in pertinent part: The presentation to ... from disqualifying or discriminating against the applicant.     The wording of N.J.S.A. 2A:168A-3 does not direct the licensing authority to ... serve on a jury, id. at 638, 641; see also N.J.S.A. 2C:51-3, but not all consequences of the conviction ... honorably. Although Hozer was decided seven years before enactment of N.J.S.A. 2A:168A-3, L. 1974, c. 161, Hozer is still ...

docket:	a4158-95
court:	njappellate
decided:	1997-01-09
status:	published
citation:	296 N.J.Super. 238
Document Size:	14848

32743 IN THE MATTER OF PASSAIC VALLEY WATER COMMISSION -- rank: 633

... implement fully all the provisions of [the act it adminsters].' N.J.S.A. 34:13A-5.2." In re Hu nterdon Cty. Bd ... part test. It contends that the Civil Service Act (Act), N.J.S.A. 11A:1-1 to -12-6, and regulations promulgated under ... on the question of compensation for out-of-title work. N.J.S.A. 11A:3-1 authorizes and requires DOP to establish, review ... remedy. With respect to compensation of employees of political subdivisions, N.J.S.A. 11A:3-7d simply addresses base salary and prohibits payment ...

docket:	a5195-04
court:	njappellate
decided:	2006-04-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39265

32744 STATE OF NEW JERSEY v. GEORGE GARRETT -- rank: 633

... with, on November 7, 2005, third-degree possession of heroin, N.J.S.A. 2C:35-10a(1) (count one); third-degree possession of ... one-half ounce of heroin with the intent to distribute, N.J.S.A. 2C:35-5a(1) and 2C:35-5b(3) (count ... intent to distribute within 1000 feet of a school zone, N.J.S.A. 2C:35-5a(1) and 2C:35-7 (count three ... the intent to distribute within 500 feet of public housing, N.J.S.A. 2C:35-5a(1) and 2C:35-7.1 (count ... of heroin to Danny Perez a/k/a Johnny Pacheco, N.J.S.A. 2C:35-5a(1) and 2C:35-5b(3). Count ... fifteen charged defendant with fourth-degree resisting arrest by flight, N.J.S.A. 2C: 29-2a. Defendant was acquitted of six counts ...

docket:	a0189-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-23
status:	unpublished
citation:
Document Size:	21030

32745 STATE OF NEW JERSEY v. R.S. -- rank: 633

... defendant of two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (counts one and two); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count three); and third-degree aggravated criminal sexual contact, N.J.S.A. 2C:13-3(a) (count four). The trial court merged ... of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2, with a five-year period of ... prior sexual history was impermissible under the Rape Shield Statute, N.J.S.A. 2C:14-7[,]' we concluded that 'this error was not ...

docket:	a1832-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-10
status:	unpublished
citation:
Document Size:	22581