Search Rutgers Law Library N.J. Court Opinions

4711 STATE OF NEW JERSEY v. D.C.N. -- rank: 813

... his convictions for second- degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b), and second- degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). He also challenges the trial court ... three, '[t]he risk that . . . defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), and factor nine, '[t]he ... need [to] deter[] . . . defendant and others from violating the law,' N.J.S.A. 2C:44-1(a)(9). The court found aggravating factors ... imprisonment would entail excessive hardship to him or his dependents, N.J.S.A. 2C:44-1(b)(11). Having determined the aggravating and ... a conviction for possession with an unlawful purpose pursuant to N.J.S.A. 2C:39-4(a): [T]he State must prove ...

docket:	a2737-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-01
status:	Unpublished
citation:
Document Size:	48889

4712 A-0RALPH IRALDI v. LYNN IRALDI, n/k/a LYNN FRANCES CHONSKI May 11 2015 -- rank: 813

... home was in his name only, the trial judge contravened N.J.S.A. 2A:34-23(h) in ruling that the land and ... distribution. Ralph also contends that the judge failed to apply N.J.S.A. 2A:34-23.1 in making the equitable distribution allocation ... were subject to equitable distribution. After considering the factors in N.J.S.A. 2A:34-23.1, the judge awarded Ralph a 55 ... except . . . interspousal gifts" is also generally excluded from equitable distribution. N.J.S.A. 2A:34-23(h) (emphasis added). However, pre-marital property ... 1990). Such property is not exempt for equitable distribution under N.J.S.A. 2A:34-23.1. Rather, when property is acquired in ... required to apply the fifteen statutory factors set forth in N.J.S.A. 2A:34-23.1. See Giovine v. Giovine , 284 ...

docket:	a1001-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-06
status:	unpublished
citation:
Document Size:	44891

4713 ANDREA SHERRY v. CHARLES W. ZEBE, JR -- rank: 813

... must analyze and evaluate each of the statutory factors in N.J.S.A. 2A:34-23(a) and must also con­sider additional ... imposed by case law before and after the adoption of N.J.S.A. 2A:34-23(a). See New­burgh v. Arrigo , 88 ... is the income, assets and earning ability of the child. N.J.S.A. 2A:34-23(7). The parties, of course, are free ... by New­burgh , supra , 88 N.J. at 545, and N.J.S.A. 2A:34-23, and con­cluded that "we are left ... 91,089.06 to be paid within thirty days. Citing N.J.S.A. 2A:34-23 and Rules 4:42-9 and 5 ... Div.), certif. denied , 130 N.J. 596 (1992); see also N.J.S.A. 46:38A-27 ("[d]uty of care owed by ...

docket:	a5297-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-29
status:	unpublished
citation:
Document Size:	85655

4714 IN THE MATTER OF ANTHONY DUBOV -- rank: 813

... handgun and a Firearms Purchaser Identification Card (FPIC) pursuant to N.J.S.A. 2C:58-3c(5). We affirm. On November 7, 2006 ... application to the East Windsor Township Police Department pursuant to N.J.S.A. 2C:58-3 for a permit to purchase a handgun ... two references, William Seymour and Brian Johnson, as required by N.J.S.A. 2C:58-3e. Ibid. At the time of the application ... of the public's health, safety or welfare pursuant to [ N.J.S.A. ] 2C:58-3c(5). 2 [ In re Dubov , supra , 410 ... part, that the proceedings violated procedural due process, and that N.J.S.A. 2C:58-3c(5) is unconstitutionally vague. This court disagreed ... a similar challenge to the constitutionality of the predecessor to N.J.S.A. 2C:58-3(c)(5)[.]" Id. at 196. We ...

docket:	a1829-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-04
status:	unpublished
citation:
Document Size:	37644

4715 /usr/local/share/www/libweb/collections/courts/appellate/a0088-18.opn.html -- rank: 813

... of DNA records submitted by State and local forensic laboratories.' N.J.S.A. 53:1-20.19; see also State v. Gathers, 449 ... defendant with three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3) (counts one through three); three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(6) (counts four through six); two counts of third-degree aggravated sexual contact, N.J.S.A. 2C:14-3(a) (counts seven and eight); and second-degree burglary, N.J.S.A. 2C:18-2(a)(1) (count nine). On December 15 ... of the offenses arising out of this incident pursuant to N.J.S.A. 2C:1-6(c). We disagree. A-0088-18T4 ...

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4716 TEIMOURAZ v. DIRECTOR, DIVISION OF TAXATION -- rank: 813

... whether the New Jersey gross income tax credit established in N.J.S.A. 54A:4-1 for taxes paid by residents to other ... “imposed” by a foreign jurisdiction within the meaning of N.J.S.A. 54A:4-1. Only those New Jersey residents whose income ... Jersey return. Nor did plaintiffs request a credit pursuant to N.J.S.A. 54A:4-1 for the taxes they paid to Pennsylvania ... the Complaint, contained similar language at page 8. In addition, N.J.S.A. 54A:2-1 imposes a tax on the New Jersey gross income of every resident of the State. N.J.S.A. 54A:5-1a includes in the New Jersey gross income ... legislation” will be upheld. Ibid. A. The Resident Credit Statute N.J.S.A. 54A:4-1 defines the parameters of the credit ...

docket:	10946-07
court:
decided:	2008-10-24
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Document Size:	51785

4717 STATE OF NEW JERSEY v. BRIAN SAMUELS -- rank: 813

... conspiring with Godfried O. Mainhooh ("Rahim") to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count one); armed robbery, N.J.S.A. 2C:15-1 (count two); possession of a firearm with ... person of officer Pilone of the Long Branch Police Department, N.J.S.A. 2C:39-4a (count three); aggravated assault by pointing a firearm under circumstances manifesting extreme indifference to human life, N.J.S. A . 2C:12-1b(4) (count four); and resisting arrest, N.J.S.A. 2C:29-2a (count ten). The trial court denied ...

docket:	A0967-02
court:	NJ Superior Court Appellate Division
decided:	2005-11-09
status:	unpublished
citation:
Document Size:	95229

4718 STATE OF NEW JERSEY v. JESUS DEJESUS -- rank: 813

... returned an indictment charging defendant with first-degree armed robbery, N.J.S.A. 2C:15-1(a)(1) and (2); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b). A jury convicted defendant on all ... subject to the requirements of the No Early Release Act, N.J.S.A. 2C:43-7.2. We affirmed defendant's conviction and ... Department—through service of an Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, request—documents he had ...

docket:	a2429-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-31
status:	Unpublished
citation:
Document Size:	45398

4719 STATE OF NEW JERSEY v. DEAVEN MIMS -- rank: 813

... fourth-degree distribution of a controlled dangerous substance (CDS) (marijuana), N.J.S.A. 2C:35-5(a)(1), (b)(12) (count one); third ... distribution of CDS (marijuana) within 1000 feet of school property, N.J.S.A. 2C:35-7, -5(a) (count two); fourth-degree possession of CDS (marijuana) with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(12) (count three); and ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7, -5(a) (count four), as well as ... court to the disorderly persons offense of possession of CDS. N.J.S.A. 2C:35-7.1(a). During the weekend prior to ... the State's motion for an extended-term sentence under N.J.S.A. 2C:43-6(f). He found the following aggravating ...

docket:	a1015-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-06
status:	unpublished
citation:
Document Size:	59982

4720 Sutherland Packaging, Inc. v. Dir., Division of Taxation -- rank: 813

... summary judgment. At issue is whether the Litter Control Fee, N.J.S.A. 13:1E-213 to -233, applies to Sutherland Packaging’s ... a manufacturer, wholesaler, or distributor of litter-generating products.” N.J.S.A. 13:1E-216(a). The fee, historically known as a ... mining or other extraction processes, logging, sawmilling, farming or manufacturing. [ N.J.S.A. 13:1E-215(d) (emphasis added)]. 2 The statute defines ... roll stock produced by paper product manufacturers and wood pulp; .... [ N.J.S.A. 13:1E-215(e) (emphasis added)]. The statute lists fifteen categories of litter-generating products. N.J.S.A. 13:1E-215(e). Category twelve, (12) “Paper products and household paper,” is at issue here. N.J.S.A. 13:1E- 215(e)(12). A product from the ...

docket:	013288-14
court:	NJ Superior Court Appellate Division
decided:	2022-06-28
status:	Unpublished
citation:
Document Size:	49791

4721 MARILYN PISCITELLI v. CLASSIC RESIDENCE BY HYATT -- rank: 813

... New Jersey has addressed identity theft with the enactment of N.J.S.A. 2C:21-17 to -17.6. Among other things, N.J.S.A. 2C:21-17.4 provides a civil remedy for identity ...

docket:	a5027-07
court:	superior court appellate division
decided:	2009-06-26
status:	published
citation:	408 N.J. Super. 83 973 A.2d 948
Document Size:	140162

4722 DIVISION OF YOUTH AND FAMILY SERVICES v. S.S. -- rank: 813

... 103 N.J. 591 , 604-10 (1986), and codified in N.J.S.A. 30:4C-15.1(a). The determination was memorialized in ... 308 N.J. Super. at 383. The State Constitution and N.J.S.A. 30:4C-15(c) and 15.1(a) require satisfaction ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DYFS to prove: (1 ... circumstances that caused the harm and consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). It is uncontroverted that ...

docket:	a5484-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	53896

4723 STATE OF NEW JERSEY v. JAMES RUSSELL -- rank: 813

... 0869, which charged all three defendants with first-degree murder, N.J.S.A. A-5319-15T2 4 2C:11-3 (count one), and first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5-2 (count two). Baker was also charged with ... second- degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39- 5(b) (count four); and second-degree possession of a firearm by certain persons, N.J.S.A. 2C:39-7(b)(1) (count five). Defendants were ...

docket:	a5319-15
court:	NJ Superior Court Appellate Division
decided:	2019-05-15
status:	Unpublished
citation:
Document Size:	66255

4724 IN THE MATTER OF PROPOSED CONSTRUCTION OF COMPRESSOR STATION -- rank: 813

... station in the Highlands Preservation Area from permitting review under N.J.S.A. 13:20-28(a)(11) (Exemption 11). Exemption 11 relieves ... and purposes of' the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35. The Department issued the HAD ... costs. A-3616-20 6 standards, policies, planning, and regulation,' N.J.S.A. 13:20-2; DEP Highlands Water Protection & Planning Act Guidance ... State's residents, against the environmental degradations of sprawl development. N.J.S.A. 13:20-2. Finding the then-existing land use and ... is consistent with the goals and purposes of this act. [N.J.S.A. 13:20-28(a)(11).] Neither 'routine' nor 'upgrade' is ... DEP's charge to implement 'stringent standards governing major development,' N.J.S.A. 13:20-2, in the Preservation Area and the ...

docket:	a3616-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-31
status:	Published
citation:
Document Size:	47716

4725 IN THE MATTER OF THE CIVIL COMMITMENT OF W.Z. -- rank: 813

... Unit (STU) pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. W.Z. also ... Act." W.Z. , supra , 173 N.J. at 127 (citing N.J.S.A. 30:4-27.28). It requires a past "sexually violent ... a secure facility for control, care and treatment.'" Ibid. (quoting N.J.S.A. 30:4-27.26). An individual may be considered to ...

docket:	a0198-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-29
status:	unpublished
citation:
Document Size:	45369