Search Rutgers Law Library N.J. Court Opinions

4666 STATE OF NEW JERSEY v. ALEJANDRO JARAMILLO -- rank: 813

... before parole eligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for the aggravated assault and to ... forfeited his office as a Weehawken police officer, pursuant to N.J.S.A. 2C:51-2. On this appeal defendant argues: POINT I ... for the murder of Jose Luis Ives, in violation of N.J.S.A. 2C:30-2 (counts two, four and six); aggravated assault of Franklin Zambrano and Ivan Ives, in violation of N.J.S.A. 2C:30-2 (counts nine, ten and eleven). After the ... then obligated to inform defendant of its ongoing discovery. See N.J.S.A. 2A:156A-29(c), (e). The judge reserved decision on ... disclosure of the records was controlled by what is now N.J.S.A. 2A:4A-60, and that the defendant's right ...

docket:	a0204-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-25
status:	unpublished
citation:	197 N.J. 16 960 A.2d 745
Document Size:	116734

4667 STATE OF NEW JERSEY v. ZAKEEM D. BROWN -- rank: 813

... 2017, defendant was charged by indictment with first-degree murder, N.J.S.A. 2C:11-3(a)(1); first-degree robbery, N.J.S.A. 2C:15-1(a)(1); first-degree felony murder, N.J.S.A 2C:11-3(a)(3); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1). In September 2017, defendant moved ... year prison term subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant raises the following contentions ...

docket:	a2125-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-28
status:	Unpublished
citation:
Document Size:	56068

4668 STATE OF NEW JERSEY v. CALIER SAMAD -- rank: 813

... any witnesses. The jury considered six counts: first-degree murder, N.J.S.A. 2C:11- 3(a)(1) and (a)(2); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) and 2C:2- 6; first-degree robbery, N.J.S.A. 2C:15-1 and 2C:2-6; second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) and 2C:2-6; second- degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and second- degree aggravated arson, N.J.S.A. 2C:17-1(a)(2) and 2C:2-6. ...

docket:	a2904-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-03
status:	Unpublished
citation:
Document Size:	65467

4669 OAKTREE CASH & CARRY, LLC v. 1630 OAK TREE, LLC -- rank: 813

... judgment that a complaint . . . of the nonprevailing person was frivolous.' N.J.S.A. 2A:15-59.1(a)(1).14 A complaint is ... argument for an extension, modification or reversal of existing law. [N.J.S.A. 2A:15-59.1(b).] The trial court relied on ... malicious injury.'' McKeown-Brand, 132 N.J. at 561 (quoting N.J.S.A. 2A:15- 59.1(b)(1)). The judge 'did not ... be used in determining an award for fees pursuant to N.J.S.A. 2A:15-59.1,' and be reviewed under 'the abuse ... Judge Paley in or immediately after the possession trial. See N.J.S.A. 2A:15-59.1(c) ('A party . . . seeking an award ... party' in C&C's complaint against 1630 Oak. See N.J.S.A. 2A:15-59.1(a)(1). He notes defendants' ...

docket:	a5463-14
court:	NJ Superior Court Appellate Division
decided:	2018-04-12
status:	unpublished
citation:
Document Size:	101328

4670 DEBORAH KENO v. FRANKLYN PILGRIM -- rank: 813

... Litvak , 179 N.J. Super. 607 , 612 (App. Div. 1981). N.J.S.A. 9:17B-3 establishes "[a] rebuttable presumption against emancipation" prior ... J. 599 , 604 (1956)). "The modern view, as reflected in N.J.S.A. 9:2-4, is that both parents equally share the ... child rearing." White , supra , 313 N.J. Super. at 645. N.J.S.A. 2A:34-23 authorizes the courts to intervene to resolve ... time[.]" Lepis v. Lepis , 83 N.J. 139 , 145 (1980); N.J.S.A. 2A:34-23. Consequently, "alimony and support orders define only ... to the present and, if so, by what amount. See N.J.S.A. 2A:17-56.23a. The court can, if it deems ...

docket:	A1896-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-14
status:	unpublished
citation:
Document Size:	78625

4671 ABRAHAM HEMSEY v. BOARD OF TRUSTEES, POLICE & FIREMEN'S RETIREMENT SYSTEM -- rank: 813

... in order to benefit police and firefighters, the Legislature enacted N.J.S.A. 43:16A-3.1, which allows such employees to maintain ... a different pension system with less-generous retirement benefits. However, N.J.S.A. 43:16A-3.1 gives these positions a "hybrid" status ... 77. In addition to construing section 3.1, Kossup addressed N.J.S.A. 43:16A-15.3, which prevents "double dipping" by requiring ... rescind his retirement and re-enroll in PFRS pursuant to N.J.S.A. 43:16A-15.3. Kossup , supra , 372 N.J. Super ... director job was not the type of position to which N.J.S.A. 43:16A-3.1 would apply. See Kossup , supra , 372 ... as L. 2000, c. 166) (acknowledging that "under current law" N.J.S.A. 43:16A-3.1 applied to public safety director ...

docket:	A1852-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-12
status:	published
citation:	393 N.J. Super. 524 925 A.2d 1
Document Size:	75651

4672 STATE OF NEW JERSEY v. JONATHAN PEREZ -- rank: 813

... 2017 conviction and sentence after pleading guilty to aggravated manslaughter, N.J.S.A. 2C:11- 4(a)(1). Defendant argues the trial court ... committed by an adult, would have constituted second-degree robbery, N.J.S.A. 2C:15-1(a)(1) (charge one); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (charge two); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (charge three); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (charge four); first-degree robbery, N.J.S.A. 2C:15-1(a) (count five); first-degree murder, ...

docket:	a3942-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-26
status:	Unpublished
citation:
Document Size:	45318

4673 STATE OF NEW JERSEY v. KURT V. SMITH -- rank: 813

... Kurt V. Smith guilty of two counts of reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), for starting a fire, which ... indicted defendant with two counts of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1) (counts one and two); and one count of third-degree arson, N.J.S.A. 2C:17-1(b)(1) (count three). Prior to trial ... parole bar pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge found aggravating factors three ... in dismissed or unindicted charges. Defendant argues the court violated N.J.S.A. 2C:43-2(f)(1) and Rule 3:21- 4 ... NERA. He found aggravating factors three (risk of re-offense), N.J.S.A. 2C:44-1(a)(3); six (extent of prior ...

docket:	a2068-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-14
status:	Unpublished
citation:
Document Size:	45704

4674 STATE OF NEW JERSEY v. ALVIN ADAMS -- rank: 813

... with: (1) second degree conspiracy to commit burglary, contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2 (count one); (2) second degree conspiracy to commit theft or robbery, contrary to N.J.S.A. 2C:5-2, N.J.S.A. 2C:20-3, and N.J.S.A. 2C:15-1 (count two); (3) second degree burglary, contrary to N.J.S.A. 2C:18-2 (count three); (4) first degree robbery, ...

docket:	A0196-02
court:	NJ Superior Court Appellate Division
decided:	2006-03-30
status:	unpublished
citation:
Document Size:	126179

4675 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.J. -- rank: 813

... the requisite four prongs to terminate parental rights enunciated in N.J.S.A. 30:4C-15.1a. We affirm. These are the relevant ... 19, 2007, the Division removed R.G.Z., pursuant to N.J.S.A. 9:6-8.29. Both parents signed the notice of ... applied the "best interests of the child" test prescribed by N.J.S.A. 30:4C-15.1a. This test balances the following four ... HOME. (D) DYFS DID NOT PREVAIL ON PRONG FOUR OF N.J.S.A. 30:4C-15.1A BECAUSE IT DID NOT PROVE BY ... arguments in Point III and the factors set forth in N.J.S.A. 30:4C-15.1, we affirm substantially for the reasons ...

docket:	a0412-09
court:	superior court appellate division
decided:	2010-06-14
status:	unpublished
citation:
Document Size:	116830

4676 COURT OF MELINDO PERSI v. DANIEL WOSKA -- rank: 813

... Education (Commissioner), finding that he violated the School Ethics Act, N.J.S.A. 18A:12-21 to -34. Specifically, the Commissioner determined that ... that had the potential to compromise the Board, contrary to N.J.S.A. 18A:12-24.1(e). Because we conclude that the ... in abeyance pending resolution of the contract action, pursuant to N.J.S.A. 18A:12-32. In his complaint filed with the Commission ... c) 3 , (d) 4 , (e) 5 and (f) 6 of N.J.S.A. 18A:12-24.1, the Code of Ethics for School ... Commission next considers complainant's allegation that the respondent violated N.J.S.A. 18A:12-24.1(e), which provides: I will recognize ... respondent's motion to dismiss the allegations that he violated N.J.S.A. 18A:12-24.1(e). After Woska filed an ...

docket:	a6038-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	45750

4677 JOYCE QUINLAN v. CURTISS-WRIGHT CORPORATION -- rank: 813

... numerous violations of the New Jersey Law Against Discrimination ("LAD"), N.J.S.A. 10:5-1 to -42. Among other things, the complaint ...

docket:	a5728-06
court:	NJ Superior Court Appellate Division
decided:	2009-08-11
status:	published
citation:	409 N.J. Super. 193 976 A.2d 429
Document Size:	119758

4678 STATE OF NEW JERSEY v. JULIAN SANDERS -- rank: 813

... charged in a four-count indictment with first-degree murder, N.J.S.A. 2C:11-3(a)(1) (count one); fourth-degree unlawful possession of a weapon, namely, a knife, N.J.S.A. 2C:39-5(d) (count two); third-degree possession of the knife for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count three); and third-degree endangering an injured victim, N.J.S.A. 2C:12-1.2(a) (count four). The charges stemmed ... Rodriguez, 195 N.J. 165, 171 (2008). Subsection (a) of N.J.S.A. 2C:3- 4 provides that 'the use of force upon ... including limitations placed on '[t]he use of deadly force . . . .' N.J.S.A. 2C:3-4(b)(2). Under that subsection, 'deadly ...

docket:	a1965-18
court:	NJ Superior Court Appellate Division
decided:	2021-05-13
status:	Published
citation:
Document Size:	47123

4679 STATE OF NEW JERSEY v. PATRICK R. MULDROW -- rank: 813

... immediately followed, they were also convicted of numerous violations of N.J.S.A. 2C:39-7 (certain persons prohibited from possessing weapons). The ... those found in the house, while engaged in drug activities, N.J.S.A. 2C:39-4.1a. However, the jury acquitted Robin of ... remaining counts of the indictment charging them with violations of N.J.S.A. 2C:39-7, possession of weapons by certain persons. The ... State's motion for a mandatory extended term pursuant to N.J.S.A. 2C:43-6f based on Patrick's prior drug conviction ... for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1a(3), (6) and (9). The judge also ... defendant was obligated to make support payments to two children. N.J.S.A. 2C:44-1b(11). The judge imposed an extended ...

docket:	a0860-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-02
status:	unpublished
citation:
Document Size:	85908

4680 STATE OF NEW JERSEY v. ALEXIS SANCHEZ-MEDINA -- rank: 813

... charged with second-degree attempted sexual assault upon R.D., N.J.S.A. 2C:14-2c(1) and N.J.S.A. 2C:5-1 (count one); fourth-degree criminal sexual contact with R.D., N.J.S.A. 2C:14-3b (count two); second-degree sexual assault upon D.J., N.J.S.A. 2C:14-2c(1); N.J.S.A. 2C:5-1 (count three); fourth-degree criminal sexual contact with D.J., N.J.S.A. 2C:14-3b (count four); second-degree attempted sexual ...

docket:	a4779-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	68986