Search Rutgers Law Library N.J. Court Opinions

3571 STATE OF NEW JERSEY v. THOMAS ZOWASKY -- rank: 821

... sexual assault of a victim less than thirteen years old, N.J.S.A. 2C:14-2a(1) (counts one through five); second-degree sexual assault, N.J.S.A. 2C:14-2b (count six); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (count seven). The trial judge imposed a ... of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. The judge also imposed a concurrent ... consecutively as the court determines at the time of sentence[.]" N.J.S.A. 2C:44-5a. "'[I]n fashioning consecutive or concurrent sentences ... sexual assault of a victim less than thirteen years old, N.J.S.A. 2C:14-2a(1) (counts one through five). The ...

docket:	a2592-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-28
status:	unpublished
citation:
Document Size:	59130

3572 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.B. -- rank: 821

... v. M.M. , 189 N.J. 261 , 280 (2007) (quoting N.J.S.A. 30:4C-15.1(a)).] "These standards are neither discrete ... relationship." M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)). "Rather than focusing on ... homelessness. Ibid. Under this approach, prongs (1) and (2) of N.J.S.A. 30:4C-15.1(a) are satisfied when a father ... harm." M.M. , supra , 189 N.J. at 283 (quoting N.J.S.A. 30:4C-15.1(a)(2)). Only one expert, Dr ... placement." M.M. , supra , 189 N.J. at 285 (quoting N.J.S.A. 30:4C-15.1(a)(3)). "'Reasonable efforts' may include ... child's progress, and facilitating visitation." Id. at 281 (citing N.J.S.A. 30:4C-15.1(c)). Here, DYFS has been ...

docket:	A4311-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-27
status:	Published
citation:
Document Size:	69284

3573 STATE OF NEW JERSEY v. NICHOLAS A. BROWN -- rank: 821

... third-degree possession of a controlled dangerous substance, specifically heroin, N.J.S.A. 2C:35-10a(1) (count one); third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5a(3) (count two); second-degree possession of ... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-5a and N.J.S.A. 2C:35-7.1 (count three); third-degree possession of a controlled substance, specifically cocaine, N.J.S.A. 2C:35-10a(1) (count four); third-degree possession ...

docket:	a3356-12
court:	NJ Superior Court Appellate Division
decided:	2016-01-08
status:	unpublished
citation:
Document Size:	52283

3574 STATE OF NEW JERSEY v. JAMILLAH FULLMAN -- rank: 821

... was convicted of the second-degree crime of reckless manslaughter, N.J.S.A. 2C:11-4b(1), as a lesser-included offense of murder; third-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and 2C:12-1b; and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a. At defendant's sentencing, the trial court ... five percent parole disqualifier under the No Early Release Act, N.J.S.A. 2C:43-7.2, plus a seven-year concurrent term ... in particular, the State charged her with first-degree murder, N.J.S.A. 2C:11-3a(1), 2C:11-3a(2); first-degree carjacking, N.J.S.A. 2C:15-2a; first-degree robbery, N.J.S. ...

docket:	a3032-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-01
status:	unpublished
citation:
Document Size:	66529

3575 STATE OF NEW JERSEY v. JAQUIL JOHNSON -- rank: 821

... the lesser-included charge of second-degree passion-provocation manslaughter, N.J.S.A. 2C:11-4(b)(2), in the shooting death of Calvin Auston, and unlawful possession of a handgun, N.J.S.A. 2C:39-5(b). The jury acquitted defendant of possession of a firearm for an unlawful purpose. N.J.S.A. 2C:39-4(a). The judge granted the State's motion for an extended term pursuant to N.J.S.A. 2C:44-3(a) and sentenced defendant to an eighteen ... of imprisonment subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on the manslaughter conviction, and a ... year period of parole ineligibility pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), on the weapons offense. Defendant ...

docket:	a5290-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-26
status:	Unpublished
citation:
Document Size:	54444

3576 STATE OF NEW JERSEY v. JUAN R. SOTO -- rank: 821

... Following a jury trial defendant was convicted of aggravated manslaughter, N.J.S.A. 2C:15-1, and 121 N.J. 1 (1990); and ... and Pennsylvania are signatories to the Uniform Criminal Extradition Law, N.J.S.A. 2A:160-1 to 35; 42 Pa. C.S.A ... 9171. The procedures for waiver of extradition are outlined in N.J.S.A. 2A:160-30 and in the Pennsylvania statute 42 Pa ... the officers of the demanding state or of this state.         [ N.J.S.A. 2A:160-30 (emphasis added).]     The plain reading of the ...

docket:	A0770-98
court:	NJ Superior Court Appellate Division
decided:	2001-06-13
status:	published
citation:	340 N.J. Super. 47
Document Size:	61903

3577 State v. Phillip Presha -- rank: 821

... of voluntariness applies equally to adult and juvenile confessions. See N.J.S.A. 2A:4A-40 (“All rights guaranteed to criminal defendants by ... creating age-differential standards set at fourteen. See, e.g. , N.J.S.A. 2A:4A-26 (permitting family part to waive jurisdiction, for ... charges, if juvenile was fourteen at time of delinquent act); N.J.S.A. 2A:4A-35 (permitting juvenile age fourteen or older, charged ...

docket:	a-79-98
court:	njsupreme
decided:	2000-03-23
status:
citation:	163 N.J. 304
Document Size:	82115

3578 /usr/local/share/www/libweb/collections/courts/appellate/a3466-17.opn.html -- rank: 821

... and the plan violated the BCPD officers' statutory rights under N.J.S.A. 11A:8- 1. It argued that the entire department should ... court and serving summonses.' Further, unlike the BCPD officers, under N.J.S.A. 40A:9-117.6, sheriff's officers 'perform the duties ... CSC also described the functions of the BCPD officers under N.J.S.A. 40A:14-107, which included enforcement of: (1) All rules ... except that the commission may establish broader layoff units. [4]' N.J.S.A. 11A:8-1(c). 4 If parties are in compliance ... department with the BCSO, qualified as a layoff unit under N.J.S.A. 11A:8-1(c). However, and as the CSC determined ... job functions. According to the PBA, applying the criteria under N.J.S.A. 11A:8-1 and N.J.A.C. 4A: ...

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3579 STATE OF NEW JERSEY v. SAAHIR RAHIM -- rank: 821

... Code does not criminalize "afterthought" robbery. As the language of N.J.S.A. 2C:15-1(a) makes clear, a defendant's use ... motion to impose an extended term of imprisonment pursuant to N.J.S.A. 2C:44-3(a) (permitting a sentence to an extended ... defendant is a "persistent offender"). He found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (the possibility that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's ... of offenses for which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence); and mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would "entail excessive ...

docket:	a5157-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
citation:
Document Size:	61302

3580 WEISS v. CARPENTER, BENNETT & MORRISSEY -- rank: 821

... only for very specifically defined mistakes as set forth in [ N.J.S.A. 2A:24-9]. If the arbitrators decide a matter not ...

docket:	a-9-95
court:	njsupreme
decided:	1996-03-06
status:
citation:	143 N.J. 420
Document Size:	88255

3581 State v. Shawn Bernard Mahone -- rank: 821

... property were governed by the Municipal Planning Act of 1953, N.J.S.A. 40:55-1.1 to -1.52 (repealed 1975) (Planning ... health or peril from flood, fire, erosion, or other menace." N.J.S.A. 40:55-1.20 (repealed 1975). Judicial decisions had interpreted ... proposed subdivision plans to be submitted to the planning board. N.J.S.A. 40:55D-37. The subdivision ordinance must also include "standards for preliminary and final approval." N.J.S.A. 40:55D-62.     Although the MLUL gives planning boards, in ... power to require that subdivision proposals comply with zoning ordinances, N.J.S.A. 40:55-1.20 (repealed 1975). Rather, the MLUL specifically ... ordinance and this act, grant preliminary approval to the subdivision." N.J.S.A. 40:55D-48 (emphasis added).     The board argues that ...

docket:	a-57-97
court:	njsupreme
decided:	1997-12-03
status:
citation:	137 N.J. 216
Document Size:	55149

3582 State v. Rashad Walker -- rank: 821

... officers observed defendant smoking a marijuana cigarette in violation of N.J.S.A. 2C:35-10(a)(4) in their presence. At that ... of controlled dangerous substances (CDS) with the intent to distribute, N.J.S.A. 2C:35-5a(1), and one count of third-degree ... intent to distribute while within 500 feet of public housing, N.J.S.A. 2C:35-7.1. The judge imposed three six-year ... is a disorderly persons offense. The trial court relied on N.J.S.A. 40A:14-152, which defines the power of law enforcement ... a marijuana cigarette is a disorderly persons offense, pursuant to N.J.S.A. 2C:35-10(a)(4). Defendant relies on State v ... while within 500 feet of a public building, contrary to N.J.S.A. 2C:35-7.1(a). Lastly, defendant argues that ...

docket:	A-49-11
court:	NJ Supreme Court
decided:	2013-04-10
status:
citation:	213 N.J. 281 62 A.3d 897
Document Size:	67931

3583 General Electric Capital Auto Lease v. Alfonso Violante et als. -- rank: 821

... within the meaning of the Garage Keeper’s Lien Act, N.J.S.A. 2A:44-20 to-31 (Act) when the lease agreement ... the lease agreement. In addition, on the facts presented here, N.J.S.A. 39:10A-14 does not provide David’s with a ... the vehicle. (Pp. 17-20) 5. The primary purpose of N.J.S.A . 39:10A-14 is the facilitation of a garage keeper ... of its intent to junk or sell the vehicle. Therefore, N.J.S.A. 39:10A-14 does not provide a garage keeper with ... the vehicle pursuant to the Garage Keeper’s Lien Act, N.J.S.A. 2A:44-20 to -31 (Act). That statute entitles a ... representative” by imposing a lien on the motor vehicle serviced. N.J.S.A. 39:10A-14 makes a lessor, as the vehicle’ ...

docket:	a-103-02
court:	njsupreme
decided:	2004-05-25
status:
citation:	180 N.J. 24
Document Size:	72538

3584 JOHN D. CONSTANTINE v. TOWNSHIP OF BASS RIVER -- rank: 821

... inappropriate and absent statutory authority such as that found in N.J.S.A. 39:[4]-[1]31 or N.J.S.A. 53:2-3, municipalities have no authority to enact, either ... violated the provisions of the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (the CRA). Specifically, plaintiff alleged ... a "public record." Mason , supra , 196 N.J. at 67; N.J.S.A. 47:1A-1.1. Additionally, the statute exempts twenty-one ... to the defendant." R. 7:7-7(a); and see N.J.S.A. 2B:25-5a (making the "municipal prosecutor . . . responsible for handling ... With the passage of the Municipal Prosecutor Act in 2000, N.J.S.A. 2B:25-1 through -12, the Legislature emphasized that ...

docket:	a5506-06
court:	njappellate
decided:	2009-04-03
status:	published
citation:	406 N.J. Super. 305
Document Size:	104466

3585 STATE OF NEW JERSEY v. MICHAEL D. STERN -- rank: 821

... as a fiduciary, in an amount greater than $75,000. N.J.S.A. 2C:21-15. Challenging the unanimity of the jury's ... unanimous verdict on the charge of theft by unlawful taking, N.J.S.A. 2C:20-3(a), and the court declared a mistrial ... jury unanimously found defendant guilty of misapplication of entrusted property, N.J.S.A. 2C:21-15, and it indicated on its verdict sheet ... minimum of the ordinary range for a second-degree crime. N.J.S.A. 2C:43-6(a)(2). The State's appellate brief ... that defendant was subsequently admitted into the Intensive Supervision Program, N.J.S.A. 2C:43-11; R. 3:21-10, and he was ... second-degree misapplication of entrusted property, is a violation of N.J.S.A. 2C:21-15, which statute provides in relevant part:   ...

docket:	a4744-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	61258