Search Rutgers Law Library N.J. Court Opinions

3766 State v. R.K. -- rank: 819

... jury charged defendant with: second-degree sexual assault, contrary to N.J.S.A. 2C:14-2b; second-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4; and fourth-degree child abuse, contrary to N.J.S.A. 9:6-3. On January 6, 2011, defendant was charged ... superseding indictment with: first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a); second-degree sexual assault, contrary to N.J.S.A. 2C:14-2(b); second-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4; and fourth-degree child abuse, contrary ...

docket:	A-39-13
court:	NJ Supreme Court
decided:	2015-02-03
status:
citation:	220 N.J. 444 106 A.3d 1224
Document Size:	88566

3767 STATE OF NEW JERSEY v. QUAMEER L. HENCE -- rank: 819

... Quameer L. Hence was found guilty of: first-degree robbery, N.J.S.A. 2C:15-1; third-degree criminal restraint, as a lesser-included offense of kidnapping, N.J.S.A. 2C:13-1; and second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1). On August 5, 2016, the ... grand jury indicted defendant, charging him with first - degree robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-1 and 15-1; first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1) or (2); first-degree ...

docket:	a0413-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-18
status:	Unpublished
citation:
Document Size:	46844

3768 IN THE MATTER OF JOHN RESTREPO DEPARTMENT OF CORRECTIONS -- rank: 819

... 16 (2009 Act), or by the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15. We hold that the 2009 ... Commission and the Office of Administrative Law (OAL) pursuant to N.J.S.A. 40A:14-202(d). After a hearing, the ALJ issued ... recommending a six-month suspension should be deemed final under N.J.S.A. 52:14B-10 of the APA or N.J.S.A. 40A:14-204 of the 2009 Act. We must first ... no later than 45 days after receipt of such recommendations." N.J.S.A. 52:14B-10(c). "Unless the head of the agency ... of Certain Law Enforcement Officers and Firefighters," largely codified at N.J.S.A. 40A:14-200 to -212. It defines "Law enforcement ...

docket:	a2951-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-27
status:	published
citation:	449 N.J.Super. 409 158 A.3d 587
Document Size:	44793

3769 Circus Liquors, Inc. v. Governing Body of Middletown Township -- rank: 819

... May 6, 2009 LaVECCHIA, J., writing for a unanimous Court. N.J.S.A. 33:1-12.31 prohibits persons from holding a beneficial ... to an unrelated bona fide purchaser -- when enforcing compliance with N.J.S.A. 33:1-12.31. Middletown denied renewal for one of ... that Circus's ownership of three licenses was inconsistent with N.J.S.A. 33:1-12.31, and that Circus Liquors did not ... of a license that would constitute a continuing violation of N.J.S.A. 33:1-12.31. At the same time, the Director ... arguing that the stay impermissibly allowed a continuing violation of N.J.S.A. 33:1-12.31. The Appellate Division agreed and reversed ... to enforce compliance with the two-license limit created by N.J.S.A. 33:1-12.31. The Act provides for fines ...

docket:	a-25-08
court:
decided:	2009-05-06
status:
citation:
Document Size:	71677

3770 State v. Karlton L. Bailey -- rank: 819

... conviction under the Certain Persons Not to Have Weapons Statute, N.J.S.A. 2C:39-7, when the redacted evidence prevented the jury ... a firearm by certain persons not to possess a firearm, N.J.S.A. 2C:39-7(b). A second indictment (Indictment 1317) charged ... of the crime must be decided by the jury. Because N.J.S.A. 2C:39-7(b)(1) requires proof of a specific ... conviction under the Certain Persons Not to Have Weapons Statute, N.J.S.A. 2C:39-7, when the redacted evidence prevented the jury ... the statute. The “certain persons” subject to prosecution under N.J.S.A. 2C:39-7 are those who previously have been convicted ... a firearm by certain persons not to possess a firearm, N.J.S.A. 2C:39-7(b). A second indictment (“Indictment ...

docket:	a_96_15
court:	NJ Supreme Court
decided:	2018-01-22
status:
citation:
Document Size:	51988

3771 /usr/local/share/www/libweb/collections/courts/appellate/a2145-16.opn.html -- rank: 819

... defendant for one count of second-degree death by auto, N.J.S.A. 2C:11-5. The jury convicted defendant at trial, and ... term of imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. On appeal, defendant raises the following ... gravity of his/her offense. [Model Jury Charges (Criminal), 'Causation (N.J.S.A. 2C:2-3)' (approved June 10, 2013) (emphasis added).] As ... instead, immediately followed by charging the jury on recklessness. See N.J.S.A. 2C:11-5(a) (defining the crime as '[c]riminal ... of driving in the manner that he did. Ibid. (citing N.J.S.A. 2C:2-3(a)). 'In cases involving the mens rea ... of recklessness, the jury then conducts a 'culpability assessment' under N.J.S.A. 2C:2-3(c).' Id. at 263- 64 (citing ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50297

3772 EDWARD BOJEKIAN AND FLORENCE BOJEKIAN V. FORT LEE PLANNING BOARD -- rank: 819

... since they conflict with the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -136; and (4) the agreement violates ... Council on Affordable Housing (COAH) under the Fair Housing Act, N.J.S.A. 52-27D-301 to -329, did not foreclose a plaintiff ... will assure compliance with pertinent statutory safeguards. See e.g. , N.J.S.A. 40:55D-13 to -16; N.J.S.A. 40:55D-26, -28 and -62. ����If the municipal action ... out its statutory duties "in accordance with sound regional planning." N.J.S.A. 52:27D-304a. COAH regulations provide that sites for low ... sound planning concepts and the purposes of the MLUL. See N.J.S.A. 40:55D-2d (development in one municipality should not ...

docket:	a737-94
court:	njappellate
decided:	1996-01-05
status:	published
citation:	286 N.J.Super. 311
Document Size:	55078

3773 State of New Jersey v. Quddoos Farrad, a/k/a Ike Boxdale -- rank: 819

... property of another with the purpose of depriving him thereof. N.J.S.A. 2C:20-3. The crime of robbery, pursuant to N.J.S.A. 2C:15-1, occurs when, �in the course of committing ... commit theft. Criminal attempt to commit any crime, pursuant to N.J.S.A. 2C:5-1a, occurs where a person �purposely does or ... 13) 2. The focus of �threat� to bodily injury in N.J.S.A. 2C:15-1a is not on the victim, but on ... robbery exists under the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 to 104-9 (Code). A jury found ... recognized that because common law attempted robbery is incorporated into N.J.S.A. 2C:15-1, if the sole uncompleted element of ...

docket:	a-43-99
court:	njsupreme
decided:	2000-06-22
status:
citation:	164 N.J. 247
Document Size:	59999

3774 Nancy Velez v. City of Jersey City, et als. -- rank: 819

... requirements under the New Jersey Tort Claims Act (the Act) N.J.S.A. 59:1-1 to 12-3, apply to common law ... claims due to her failure to give timely notice under N.J.S.A. 59:8-8, but denied their motions in respect of ... it was not intended to modify the plain meaning of N.J.S.A. 59:3-14, which excludes outrageous conduct from statutory immunity ... entity can investigate and settle claims. (pp. 14-15) 3. N.J.S.A. 59:3-14, which excludes a public employee from immunity ... misconduct, must be read together with the overall mandate of N.J.S.A. 59:8-3, providing that no action shall be brought ... requirements, it would have expressly done so when it amended N.J.S.A. 59:8-3 and 59:8-8. (pp. 15- ...

docket:	a-97-02
court:	njsupreme
decided:	2004-06-29
status:
citation:	180 N.J. 284
Document Size:	48253

3775 STATE OF NEW JERSEY v. MARCOS R. BLANDINO -- rank: 819

... s guilty verdict on third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a), as a lesser-included offense of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3) (counts one and two), and second-degree burglary, N.J.S.A. 2C:18-2(a)(1) (count three), defendant was sentenced ... conviction, only, is subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. During the ten-day trial, the ... COURT ERRED IN APPLYING AGGRAVATING SENTENCING FACTORS ONE AND TWO[, N.J.S.A. 2C:44-1(a)(1) and (2)]. A-5901-17 ... See Model Jury Charges (Criminal), 'Burglary in the Second Degree (N.J.S.A. 2C:18-2(b))' (rev. Mar. 14, 2016). Prior ...

docket:	a5901-17
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:	Unpublished
citation:
Document Size:	45723

3776 STATE OF NEW JERSEY v. JAMAL C. NURSE -- rank: 819

... seven-count indictment with two counts of first-degree robbery, N.J.S.A. 2C:15-1(a)(2) (counts one and two); second-degree burglary, N.J.S.A. 2C:18-2(b)(2) (count three); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count five); and two counts of second-degree kidnapping, N.J.S.A. 2C:13-1(b)(1) (counts six and seven). Prior ... included offense of false imprisonment, a disorderly persons offense under N.J.S.A. 2C:13-3, on counts six and seven. The ...

docket:	a3528-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-02
status:	Unpublished
citation:
Document Size:	57607

3777 Coyne v. State of New Jersey, Department of Transportation -- rank: 819

... whether the discretionary immunity provisions of the Tort Claims Act, N.J.S.A. 59:2-3a, bar the underlying negligence claim pressed by ... employees, and, if not, whether defendants� actions were �palpably unreasonable.� N.J.S.A. 59:2-3d. ����On December 14, 1998, DOT was conducting ... altogether. Following Willis , the Legislature enacted the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, a comprehensive statutory scheme ... public entity or a public employee or any other person.� ( N.J.S.A. 59:2-1a.] The guiding principle of the Tort Claims ... the exercise of judgment or discretion vested in the entity.� N.J.S.A. 59:2-3a. (Pp. 6-8) 2. At the center ... of judgment or discretion vested in [DOT]� as required by N.J.S.A. 59:2-3d. We also have made clear that � ...

docket:	a-1-04
court:	njsupreme
decided:	2005-03-02
status:
citation:	182 N.J. 481
Document Size:	49813

3778 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. F.H. AND A.H. -- rank: 819

... did not prove each of the four statutory elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. F ... 332 N.J. Super. 392 , 402 (Ch. Div. 2000)). Under N.J.S.A. 30:4C-15.1a, DYFS can initiate a petition to ... must show harm to the child by the parental relationship. N.J.S.A. 9:6-8.46, "proof of the abuse or neglect ... burden of proof as to prongs (1) and (2) of N.J.S.A. 30:4C-15.1a. Specifically, the Court noted that: [The ... conclusion that DYFS did not satisfy the first prong of N.J.S.A. 30:4C-15.1a as to Kathy and James is ... how to care for a physically-challenged child like Harry. N.J.S.A. 30:4C-15.1c defines the term "reasonable efforts" ...

docket:	A3846-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-23
status:	published
citation:	389 N.J. Super. 576 914 A.2d 318
Document Size:	117582

3779 State of New Jersey v. Marlene McAllister -- rank: 819

... in which a financial transaction itself constitutes the offense. See N.J.S.A. 2C:21-17 (criminalizing impersonation of another person to obtain ... benefits and burdens of enhanced protections for bank records. See N.J.S.A. 2B:22-2b (authorizing Court to promulgate grand jury rules and regulations); N.J.S.A. 2B:22-5 (empowering Chief Justice to designate judge to ...

docket:	a-87-03
court:	njsupreme
decided:	2005-06-20
status:
citation:	184 N.J. 17
Document Size:	85640

3780 STATE OF NEW JERSEY v. P.C -- rank: 819

... shootings.1 A jury convicted Paul of first-degree murder, N.J.S.A. 2C:11-3(a)(1); six counts of first-degree attempted murder, N.J.S.A. 2C:5-1(a)(1) and N.J.S.A. 2C:11-3(a)(1); seven counts of fourth-degree aggravated assault with a firearm, N.J.S.A. 2C:12-1(b)(4); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1); and second-degree unlawful possession of a firearm without a permit, N.J.S.A. 2C:39-5(b)(1). Paul was sentenced to ...

docket:	a0134-19
court:	NJ Superior Court Appellate Division
decided:	2023-06-15
status:	Unpublished
citation:
Document Size:	54711