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35551 STATE OF NEW JERSEY v. ALBERT BOWSER -- rank: 609

... a three-count indictment, defendant was charged with felony murder, N.J.S.A. 2C:11-3(a)(3); the purposeful or knowing murder of Fred Bush (Bush), N.J.S.A. 2C:11-3(a)(1) and (2); and robbery, N.J.S.A. 2C:15-1. Following a jury trial, defendant was acquitted ... robbery, but he was convicted of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), a lesser-included offense of ... to sentencing, defendant pled guilty to fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2), as charged in a separate ... to an extended term as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). Defendant was sentenced to a ...

docket:	a0849-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-10
status:	unpublished
citation:
Document Size:	20746

35552 STATE OF NEW JERSEY v. JOSEPH CARDELL -- rank: 609

... term of imprisonment subject to a No Early Release Act, N.J.S.A. 2C:43-7.2, period of parole ineligibility. A-0994 ... would constitute 2A:4A- one or more statutorily designated crimes. N.J.S.A. 26a(1); N.J.S.A. 2A:4A-26e. When a juvenile is sixteen years of ... including armed robbery, the State need only establish probable cause. N.J.S.A. 2A:4A-26e. Probable cause is a ''well-grounded suspicion ...

docket:	a0994-07
court:	superior court appellate division
decided:	2010-01-05
status:	Unpublished
citation:
Document Size:	14939

35553 KENNETH MULLARNEY v. KRISTEN MULLARNEY -- rank: 609

... Retroactive modification of child support orders is prohibited by statute. N.J.S.A. 2A:17-56.23a provides: No payment or installment of ... effective date should be September 8, 2009, in accordance with N.J.S.A. 2A:17-56.23a, or August 1, 2009, because the ...

docket:	a0980-09
court:	superior court appellate division
decided:	2010-11-30
status:	unpublished
citation:
Document Size:	22720

35554 STATE OF NEW JERSEY v. JASON ROUDEL YOUNG -- rank: 609

... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7. Consistent with the plea bargain, defendant was ...

docket:	a0109-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-25
status:	unpublished
citation:
Document Size:	38634

35555 RAMON TOULSON v. JOSEPH HARTMAN -- rank: 609

... implicit acknowledgment that she was entitled to UIM benefits. 2 N.J.S.A. 17:29BB-1 to -3. A-0103-22 4 GEICO ... Comm. of Manalapan, 140 N.J. 366, 378 (1995). Under N.J.S.A. 17:28-1.1(e)(1), A motor vehicle is ... App. Div. 1989) ('Under the explicit and unambiguous language of [N.J.S.A. 17:28-1.1(e)(1)], the insureds' underinsured A ... insurance or bonds.'). We explained that the last sentence of N.J.S.A. 17:28-1.1(e)(1) created a pro tanto ...

docket:	a0103-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-21
status:	Unpublished
citation:
Document Size:	16752

35556 STATE OF NEW JERSEY v. KENNETH TORRES -- rank: 609

... jury found defendant guilty of fourth-degree possession of marijuana, N.J.S.A. 2C:35-10(a)(3), but acquitted him of second-degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(b)(10)(b). The court sentenced defendant ...

docket:	a5185-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-06
status:	unpublished
citation:
Document Size:	23033

35557 NJ CARPENTERS APPRENTICE TRAINING AND EDUCATION V. BOROUGH OF KENILWORTH, NEW JERSEY -- rank: 609

... Kenilworth for an exemption from real property taxes pursuant to N.J.S.A. 54:4-3.6. When that was denied, the Fund ... assessment. Plaintiff has appealed to this court and we reverse.      N.J.S.A. 54:4-3.6 exempts from real estate taxation "all ... subject to real estate taxation.     We recognize, of course, that N.J.S.A. 54:4-3.6 should be strictly construed, for the ... the public from providing adequate vocational training. See, e.g., N.J.S.A. 18A:54-1 et seq. ; N.J.S.A. 34:1A-36 et seq.     The training and the courses ... that the Institute was not a college for purposes of N.J.S.A. 54:4-3.6 and was thus subject to ...

docket:	a456-94
court:	njappellate
decided:	1995-10-16
status:	published
citation:	284 N.J.Super. 521
Document Size:	22186

35558 STATE OF NEW JERSEY v. VICTORIA GITSU -- rank: 609

... summons for driving with a suspended license in violation of N.J.S.A. 2C:40-26(b). Defendant's license was suspended because ... law disfavoring non-custodial alternatives to incarceration for violations of N.J.S.A. 2C:40-26 militates against defendant's entry into PTI ... per se policy of denying PTI to defendants charged with N.J.S.A. 2C:40-26. The State acknowledges defendants charged with this ... the defendants, like defendant here, were charged with violations of N.J.S.A. 2C:40-26. Id. at 154. N.J.S.A. 2C:40-26(c), in part, reads 'if a person ... days[.]' Harris addressed the practice of sentencing defendants convicted of N.J.S.A. 2C:40-26 to home detention or community service ...

docket:	a3458-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-29
status:	Unpublished
citation:
Document Size:	9902

35559 IN THE MATTER OF THE CIVIL COMMITMENT OF D.B. -- rank: 609

... commitment pursuant to the Sexually Violent Predator Act (the SVPA), N.J.S.A. 30:4-27.24 to -27.38. He appeals from ... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. In particular, D.B. contends that ... to render involuntary commitment as a sexually violent predator unnecessary." N.J.S.A. 30:4-27.32c(1). "If the difficult commitment burden ...

docket:	a5086-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-09
status:	unpublished
citation:
Document Size:	18001

35560 STATE OF NEW JERSEY IN THE INTEREST OF M.W. -- rank: 609

... adult, would constitute the disorderly persons offense of simple assault, N.J.S.A. 2C:12-1(a). 1 Defendant raises the following points ... to characterize the incident as fighting by mutual consent. See N.J.S.A. 2C:12-1(a) (defining fighting by mutual consent as ... unlawful force by such other person on the present occasion. [ N.J.S.A. 2C:3-4(a).] Self-defense requires that a defendant ... that moment he intended to cause her physical pain. See N.J.S.A. 2C:11-1(a) (defining bodily injury to include "physical ... purposely, knowingly or recklessly caus[ing] bodily injury to another." N.J.S.A. 2C:12-1(a)(1). This archive is a service ...

docket:	a1827-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-15
status:	unpublished
citation:
Document Size:	16081

35561 STATE OF NEW JERSEY v. HUGO F. RIVERA -- rank: 609

... a motor vehicle accident while driving on a suspended license. N.J.S.A. 2C:40-22(b). Previously, a different judge in the ... to the victim and defendant's driving record pursuant to N.J.S.A. 2C:43-12(e). Defendant's driving record was significant ... it might indicate a "continuing pattern of anti-social behavior," N.J.S.A. 2C:43-12(e)(8), that could justify denial of ... THERE WAS A PATTERN OF ANTI-SOCIAL BEHAVIOR PURSUANT TO N.J.S.A. 2C:43-12e(8) AS THE SOLE BASIS FOR DENYING ... enrollment and to re-evaluate all seventeen factors listed in N.J.S.A. 2C:43-12(e), as well as any other factors ...

docket:	a4746-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-07
status:	unpublished
citation:
Document Size:	17146

35562 STATE OF NEW JERSEY v. SHAHEED ERVING -- rank: 609

... grand jury indicted and charged defendant with first-degree murder, N.J.S.A. 2C:11-3a (1) and (2) (Count One); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (Count Two); second-degree aggravated assault, N.J.S.A. 2C:12-1b(1) (Count Three); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (Count Four); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (Count Five). In September 2008, defendant ...

docket:	a4523-13
court:	NJ Superior Court Appellate Division
decided:	2015-11-30
status:	unpublished
citation:
Document Size:	18968

35563 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.A.D. -- rank: 609

... concern as being in the interests of the general welfare." N.J.S.A. 30:4C-1(a); see also K.H.O. , supra ... rights must be terminated in the child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove ...

docket:	a3622-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-31
status:	unpublished
citation:
Document Size:	16952

35564 C.P v. E.P -- rank: 609

... there were grounds for a divorce based on irreconcilable differences. N.J.S.A. 2A:34-2(i). He therefore granted a divorce on ... With regard to custody, the judge reviewed the governing statute, N.J.S.A. 9:2-4, and made findings on the factors identified ... statute based on the best interests of the children. See N.J.S.A. 9:2-4a. The judge ruled that the parties will ... addressed alimony. He considered the factors under the governing statute, N.J.S.A. 2A:34-23(b), and the relevant case law. He ... Judge Walsh addressed equitable distribution. After reviewing the applicable statute, N.J.S.A. 2A:34-23.1, the judge found that there were ... established law. Plaintiff established no grounds for an annulment. See N.J.S.A. 2A:34-1. Judge Walsh also correctly applied the ...

docket:	a0061-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-21
status:	Unpublished
citation:
Document Size:	13965

35565 IN THE MATTER OF THE CIVIL COMMITMENT OF E.D. SVP-75-00 -- rank: 609

... need of commitment under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to - 27.38. See N.J.S.A. 30:4-27.34a. He appeals from a September 20 ... remains in need of commitment despite treatment are also required. N.J.S.A. 30:4-27.35; 1 E.D. was initially committed ... for his discharge on that occasion. A-1159-18T5 2 N.J.S.A. 30:4-27.32.2 An order of continued commitment ... 2003); E.D., 353 N.J. Super. at 455-56; N.J.S.A. 30:4-27.26; N.J.S.A. 30:4-27.32; N.J.S.A. 30: ...

docket:	a1159-18
court:	NJ Superior Court Appellate Division
decided:	2019-05-24
status:	Unpublished
citation:
Document Size:	10853