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451 STATE OF NEW JERSEY v. RICHARD G. PERRY -- rank: 843

... Richard Perry with two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(b) (counts one and two), and one ... count of third- degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1) (count three). Following a jury ... period of parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant was also sentenced to Parole Supervision for Life, N.J.S.A. 2C:43- 6.4, and ordered to comply with the requirements of Megan's Law, N.J.S.A. 2C:7-1 to -23. The convictions stemmed from allegations ... We use initials to protect the confidentiality of the victim. N.J.S.A. 2A:82- - 46; R. 1:38-3(a). A- ...

docket:	a0919-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-28
status:	Unpublished
citation:
Document Size:	63511

452 State v. Christopher Brimage -- rank: 843

... to meet the statutory goals of uniformity in sentencing.     Under N.J.S.A. 2C:35-12 (Section 12) of the Comprehensive Drug Reform ... new plea offer guidelines that all counties must follow. 1. N.J.S.A. 2C:35-7 (Section 7) of the CDRA requires a ... Section 12 of the Comprehensive Drug Reform Act of 1987, N.J.S.A. 2C:35-1 to 36A-1 (hereinafter “CDRA”). Under N.J.S.A. 2C:35-12 (“Section 12"), a prosecutor may, through a ... a controlled dangerous substance with intent to distribute, contrary to N.J.S.A. 2C:35-7 for the school zone offense. The prosecutor ... following reasons for not waiving the parole ineligibility term of N.J.S.A. 2C:35-7: the proofs available to sustain a ...

docket:	a-34-97
court:	njsupreme
decided:	1998-02-19
status:
citation:	153 N.J. 1
Document Size:	70908

453 /usr/local/share/www/libweb/collections/courts/appellate/a2432-20.opn.html -- rank: 843

... or second-degree crime, to a third- degree crime. See N.J.S.A. 2C:44-1(f)(2). The State also contends the ... for official misconduct in the first- or second-degree under N.J.S.A. 2C:43-6.5(a). Defendant John W. Flinn cross ... of defendant's conduct, he was charged with simple assault, N.J.S.A. 2C:12-1(a), official misconduct, N.J.S.A. 2C:30-2(a), and endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(2). In August 2018, defendant was indicted on the following charges: second- degree official misconduct, N.J.S.A. 2C:30-2(a), for slapping Dot 'twice in ...

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454 STATE OF NEW JERSEY v. MICHAEL P. MARRARA -- rank: 843

... jury, which found him guilty of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a); two counts of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a); and third-degree hindering apprehension, N.J.S.A. 2C:29-3(b)(4). He appeals from his May ... when it refused to charge cruelty and neglect of children, N.J.S.A. 9:6-3, as a lesser-included offense to the endangering charge, N.J.S.A. 2C:24-4. He also alleges the judge erred by ... opening statement.' A-5552-17 45 These arguments lack merit. N.J.S.A. 9:6-3 is not a lesser-included offense ...

docket:	a5552-17
court:	NJ Superior Court Appellate Division
decided:	2022-11-10
status:	Unpublished
citation:
Document Size:	104732

455 KENNETH HAGEL v. KEVIN DAVENPORT -- rank: 843

... rank. Plaintiff claimed that defendants violated the Law Against Discrimination, N.J.S.A. 10:5- A-3652-19 2 1 to -42 (the ... J. 463, 478 (2013). The LAD prohibits discrimination in hiring, N.J.S.A. 10:5-4, and 'in compensation or in terms, conditions or privileges of employment .' N.J.S.A. 10:5-12(a). The discrimination must occur 'because of ... membership in a named A-3652-19 25 protected class. N.J.S.A. 10:5-4, -12(a). Along with race, creed, age ... presumed, or identified by others as having such an orientation.' N.J.S.A. 10:5-4, -5(hh). The LAD also names 'liability ... for service in the Armed Forces of the United States.' N.J.S.A. 10:5-4, -12(a). When the LAD claim ...

docket:	a3652-19
court:	NJ Superior Court Appellate Division
decided:	2024-02-06
status:	Unpublished
citation:
Document Size:	186938

456 State v. Robert Handy -- rank: 843

... least for as long as he or she remains incompetent. N.J.S.A. 2C:4-4(a). The Code does not distinguish between ... defendant was committed to a psychiatric facility for treatment, see N.J.S.A. 2C:4-8(b)(3), and was to be afforded ... at 576-77. Consistent with the legal definition of insanity, N.J.S.A. 2C:4-1, Dr. Harris offered his opinion that although ... by reason of insanity and committed defendant for treatment. See N.J.S.A. 2C:4-8(b)(3). The proceedings therefore were terminated ... the State has charged defendant with purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1)-(2), the State must prove ... force was justifiable, as defined in our Criminal Code, see N.J.S.A. 2C:3-4(a), and, in particular, that the ...

docket:	A-68-11
court:	NJ Supreme Court
decided:	2013-09-09
status:
citation:	215 N.J. 334 73 A.3d 421
Document Size:	107898

457 State v. Robert McQuaid -- rank: 843

... assumed that death-eligibility under the “own conduct” requirement of N.J.S.A. 2C:11-3c (the death penalty statute) was not established ... fifteen charges. Those charges were: murder by his own conduct, N.J.S.A. 2C:11-3c (count two); aiding and abetting the murder, N.J.S.A. 2C:5-1, 11-3c (counts three and four); felony murder, N.J.S.A. 2C:5-2 (count six); first-degree robbery, N.J.S.A. 2C:15-1b (count seven); second-degree burglary, N.J.S.A. 2C:5-2 (count nine); hindering apprehension or prosecution, ...

docket:	a-11-96
court:	njsupreme
decided:	1997-02-19
status:
citation:	147 N.J. 464
Document Size:	100007

458 STATE OF NEW JERSEY v. DARRYL NIEVES . -- rank: 843

... County grand jury and charged with second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(2). On July 2, 2018, Nieves ... County grand jury and charged with second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(2).4 Relying on the dismissal ... indictment against Nieves. The elements of aggravated assault pursuant to N.J.S.A. 2C:12-1(b)(1) required A-2069-21 60 ... elements of endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4(a)(2) required proof that defendant: ( ...

docket:	a2069-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-13
status:	Published
citation:
Document Size:	111594

459 /usr/local/share/www/libweb/collections/courts/supreme/a-7-18.opn.html -- rank: 843

... The trial court considered the aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b). It found three aggravating ... concluded that the aggravating factors outweighed the mitigating factors. Citing N.J.S.A. 2C:44-5, State v. Yarbough, 100 N.J. 627 ... convicted of one count of first- 1 degree aggravated manslaughter, N.J.S.A. 2C:11-4(a); two counts of second- degree aggravated ... b)(1); two counts of third-degree assault by auto, N.J.S.A. 2C:12-1(c)(2); and one count of fourth-degree assault by auto, N.J.S.A. 2C:12-1(c)(1). The convictions arose from a ... received summonses for five motor-vehicle offenses: (1) reckless driving, N.J.S.A. 39:4-96; (2) driving while intoxicated, N.J. ...

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460 CARGILL MEAT SOLUTIONS CORP v. DIRECTOR -- rank: 843

... This appeal involves the Clean Communities Program Act (the Act), N.J.S.A. 13:1E-213 to -223, which imposes a tax on ... Cargill stores and distributes meat products through its Swedesboro facility. N.J.S.A. 13:1E-216 exempts from the tax 'sale[s] by ... Division's motion and found the Legislature could rely on N.J.S.A. 13:1E-217 ('General Provision 2'), as referenced in N.J.S.A. 13:1E-233 ('Appropriations Act'), to appropriate the revenues generated ... for fiscal years 2014 and 2015. According to the Division, N.J.S.A. 13:1E-223, which Cargill relied on in support of ... which did not occur here. And, the Division asserted if N.J.S.A. 13:1E-223 applied, it was unconstitutional. In opposition, ...

docket:	a1537-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-12
status:	Published
citation:
Document Size:	71058

461 STATE OF NEW JERSEY v. BRIAN SHEPPARD -- rank: 843

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The convictions stemmed from the murder ... a five-count Mercer County indictment with: first-degree murder, N.J.S.A. 2C:11-3(a)(1) to (2) (count one); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39- 4(d) (count two); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count three); and two counts of second-degree eluding, N.J.S.A. 2C:29-2(b) (counts four and five). On November ... impose concurrent or consecutive sentences for multiple offenses pursuant to N.J.S.A. 2C:44-5(a): (3) [S]ome reasons to ...

docket:	a0332-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-29
status:	Unpublished
citation:
Document Size:	87902

462 IN THE MATTER OF APPLICATION BY HORIZON HEALTHCARE SERVICES, INC TO FORM A MUTUAL HOLDING COMPANY PURSUANT TO N.J.S.A. 17:48E-46.1 -- rank: 843

... SERVICES, INC., TO FORM A MUTUAL HOLDING COMPANY PURSUANT TO N.J.S.A. 17:48E-46.1. ______________________________ Argued May 1, 2023 — Decided ... holding company (MHC), pursuant to P.L. 2020, Chapter 145, N.J.S.A. 17:48E-46.1 to -46.17 (Chapter 145). Chapter ... pursuant to a plan of A-1121-22 2 reorganization . . . .' N.J.S.A. 17:48E-46.2.1 Prior to the reorganization, HHSI ... provide a mechanism for HHSI to reorganize as an MHC. N.J.S.A. 17:48E-46.1. The Legislature explained its intent as ... its status as a charitable and benevolent institution [pursuant to N.J.S.A. 17:48E- 41]. [N.J.S.A. 17:48E-46.1(a).] 1 An MHC is '[ ...

docket:	a1121-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-31
status:	Unpublished
citation:
Document Size:	76854

463 State v. Susan Hyland -- rank: 843

... judge must ensure that the nine requirements set forth in N.J.S.A. 2C:35-14(a) are satisfied. In this appeal, the Court considers whether a judge’s finding under N.J.S.A. 2C:35-14(a)(9) -- that a defendant would not ... and would be a “danger to the community.” N.J.S.A. 2C:35-14(a)(9). The judge determined over the ... statutory factors required to impose a Drug Court sentence under N.J.S.A. 2C:35-14(a), found that defendant was “likely ... makes a plainly mistaken, non-discretionary, non-factual finding under N.J.S.A. 2C:35- 14(a). Because application of N.J.S.A. 2C:35-14(a)(9) requires fact-finding and ...

docket:	a-29-18
court:	NJ Supreme Court
decided:	2019-06-03
status:
citation:	238 N.J. 135 207 A.3d 1286
Document Size:	41598

464 Township of Holmdel v. New Jersey Highway Authority -- rank: 843

... to “acquire, construct, maintain, improve, repair and operate highway projects .” N.J.S.A. 27:12B-2 (repealed by L. 2003, c. 79) (emphasis ... necessary and desirable to promote the public health and welfare.” N.J.S.A. 27:12B-16 (repealed). The Act also empowered the Authority ... provisions of this act,” L. 1968, c. 441, § 1 (amending N.J.S.A. 27:12B-5.1 (repealed)). S ee also Veto Message ... property tax exemption under the Highway Act’s immunity provision, N.J.S.A. 27:12B-16 (repealed). The tax assessor did not assess ... for the combined amphitheater and reception center complex. S ee N.J.S.A. 54:4-63.3 (defining “added assessment”); See footnote 2 ... of a highway project,” L. 1968, c. 348, § 2 (amending N.J.S.A. 27:12B-5.1 (repealed)), but permitted the Authority ...

docket:	a-64-06
court:	njsupreme
decided:	2007-04-04
status:
citation:	190 N.J. 74
Document Size:	104230

465 State v. Michael Hayes -- rank: 843

... with the requirements of the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21; and, if its compliance has ... business affecting the public is discussed or acted upon.” N.J.S.A. 10:4-7. The statute designating Rutgers as the State University, N.J.S.A. 18A:65-1 to -93, provides for a Board of ... meet without having provided “adequate notice” to the public, N.J.S.A. 10:4-9, which is defined as “written advance ... date, location and, to the extent known, the agenda.” N.J.S.A. 10:4-8(d). One exception permits a meeting without ... result in “substantial harm to the public interest.” N.J.S.A. 10:4-9(b). Second, N.J.S.A. ...

docket:	A-13-10
court:	NJ Supreme Court
decided:	2011-03-31
status:
citation:	205 N.J. 522 16 A.3d 1028
Document Size:	84636