Search Rutgers Law Library N.J. Court Opinions

541 STATE OF NEW JERSEY v. TYQUAN FUQUA -- rank: 841

... New Jersey Wiretapping and Electronic Surveillance Control Act (Wiretap Act), N.J.S.A. 2A:156A-1 to -37. The wiretap portion of the ... in the State Grand Jury indictment with: first-degree racketeering, N.J.S.A. 2C:41-2(c) and (d); second-degree conspiracy to distribute or possess with intent to distribute CDS, N.J.S.A. 2C:5-2; first- degree leader of a narcotics trafficking network, N.J.S.A. 2C:35-3; first-degree distribution of CDS, N.J.S.A. 2C:35-5(a)(1), (b)(1), and (c); first-degree possession with intent to distribute CDS (heroin), N.J.S.A. 2C:35-5(a)(1), (b)(1), (c), and ...

docket:	a3149-17
court:	NJ Superior Court Appellate Division
decided:	2021-08-20
status:	Unpublished
citation:
Document Size:	144018

542 COMMITTEE FOR A BETTER TWIN RIVERS, DIANNE MCCARTHY, HAIM BAR-AKIVA et al. v. and BRUCE FRITZGES -- rank: 841

... Planned Real Estate Development Full Disclosure Act], as codified in N.J.S.A. 45:22A-43 to -48, apply to Twin Rivers; and ... overturning convictions for criminal trespass under the predecessor statute of N.J.S.A. 2C:18-3, the court distinguished regulations of commercial speech ... that dispositions in these developments be regulated by the State[.]" N.J.S.A. 45:22A-22. Under PREDFDA, planned developments must register with ... Community Affairs and provide a public offering statement to purchasers. N.J.S.A. 45:22A-26. PREDFDA requires the existence of an association ... them as fiduciaries, to manage the common elements and facilities. N.J.S.A. 45:22A-44 and -45. The Act does not address ... address whether TRHA is subject to any part of [PREDFDA]. N.J.S.A. 45:22A-21 et seq. " As the motion judge ...

docket:	A4047-03
court:	NJ Superior Court Appellate Division
decided:	2006-02-07
status:	published
citation:
Document Size:	158850

543 STATE OF NEW JERSEY v. CHARLES RICHARDSON STATE OF NEW JERSEY v. KENNETH BODDIE -- rank: 841

... Richardson (Richardson) and Kenneth Boddie (Boddie) for first-degree murder, N.J.S.A. 2C:11-3a(1) and (2); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a; third-degree possession of a weapon without a permit, N.J.S.A. 2C:39-5b; and first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2a. 2 The charges stemmed from the shooting ... first-degree aggravated manslaughter, a lesser-included offense of murder, N.J.S.A. 2C:11-4a, and the related weapons offenses, and not ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. 4 The judge merged Boddie' ...

docket:	a1467-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-15
status:	Published
citation:
Document Size:	79834

544 STATE OF NEW JERSEY v. ALLEN HARBATUK -- rank: 841

... was convicted of second- degree sexual assault, in violation of N.J.S.A. 2C:14-2(c)(4), committed upon the victim, D ... a seven-year term of imprisonment; Megan's law registration, N.J.S.A. 2C:7-1 to -19; parole supervision for life (PSL), N.J.S.A. 2C:43-6.4; and the requisite fines and penalties ... was charged with second-degree sexual assault, in violation of N.J.S.A. 2C:14-2(c)(4). Waters was charged with first-degree aggravated sexual assault, in violation of N.J.S.A. 2C:14-2(a)(2), and second-degree sexual assault, in violation of N.J.S.A. 2C:14-2(c)(3). At the pre-trial ...

docket:	a3743-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-14
status:	Unpublished
citation:
Document Size:	80582

545 /usr/local/share/www/libweb/collections/courts/trial/ber-c-185-11.opn.html -- rank: 841

... by the New Jersey Franchise Practices Act 1 (“NJFPA”) N.J.S.A. 56:10-1, et seq. and whether Allstate had a ... power between national and regional franchisors and small franchisees.” N.J.S.A. 56:10- 2. Defendant ANJ argues that Plaintiffs are not ... are intended to be or are derived from such franchise. N.J.S.A. 56:10-4(a). Under the NJFPA, a “franchise� ... or services at wholesale, retail, by lease, agreement or otherwise. N.J.S.A. 56:10-3(a). a. Place of Business The NJFPA ... offers for sale and sells the franchisor’s services.” N.J.S.A. 56:10-3(f). The statute also provides that a ... which the franchisor’s goods are delivered to customers.” N.J.S.A. 56:10-3(f). ANJ emphasizes that the legislative ...

docket:	BER-C-185-11
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	127922

546 IN THE MATTER OF SEASIDE HEIGHTS BOROUGH PUBLIC BEACH -- rank: 841

... beach parcel to the pier owner. Plaintiffs contended that, under N.J.S.A. 40A:12-16, the Borough lacked authority to convey the ... Green Acres' laws. See L. 1961, c. 45, codified at N.J.S.A. 13:8A-1 to -18 (the New Jersey Green Acres ... Acquisition Act of 1961); L. 1971, c. 419, codified at N.J.S.A. 13:8A-19 to -34 (the New Jersey Green Acres ... Acquisition Act of 1971); L. 1975, c. 155, codified at N.J.S.A. 13:8A-35 to -55 (the New Jersey Green Acres ... such lands to non-recreation or non-conservation purposes. See N.J.S.A. 13:8A-2; N.J.S.A. 13:8A-20; N.J.S.A. 13:8A- ...

docket:	a4585-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-03-14
status:
citation:
Document Size:	62738

547 State v. William T. Evers -- rank: 841

... his conviction of multiple violations of the child endangerment statute, N.J.S.A. 2C:24-4. The State challenges Evers� sentence to a ... It also concluded that imprisonment would constitute a �serious injustice,� N.J.S.A. 2C:44-1d, and sentenced Evers to five years probation ... which overrides the need to deter such conduct by others.� N.J.S.A. 2C:44-1d. The standard for overcoming the presumption of ... his conviction of multiple violations of the child endangerment statute, N.J.S.A. 2C:24-4. The State challenges defendant�s sentence to ... child endangerment, an offense that carries a presumption of imprisonment, N.J.S.A. 2C:44-1d. We now resolve these claims. I. ����By ... which depicted a child engaged in a prohibited sexual act,� N.J.S.A. 2C:44-1d. The court then sentenced defendant to ...

docket:	a-81-01
court:	njsupreme
decided:	2003-02-13
status:
citation:	175 N.J. 355
Document Size:	118810

548 STATE OF NEW JERSEY v. NESTOR FRANCISCO, -- rank: 841

... indictment charging defendant with: first-degree knowing or purposeful murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count two); first-degree robbery, N.J.S.A. 2C:15-1 (count three); fourth-degree possession unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (counts four, six, eight, and ten ... third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (counts five, seven, nine, and eleven); and fourth-degree tampering with evidence, N.J.S.A. 2C:28-6(1) (count twelve). The State filed ...

docket:	a3840-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-08
status:	Published
citation:
Document Size:	89626

549 North Jersey Police Radio Association, Inc. v. Borough of Pompton Lakes -- rank: 841

... October 2, 1940, as a New Jersey nonprofit corporation, under N.J.S.A. 15:1-1 (repealed North Jersey Police Radio Association, Inc ... 2022 Page -2- by the New Jersey Nonprofit Corporation Act, N.J.S.A. 15A:1-1 to 16-2). 1 NJPRA was also ... which a corporation may be organized under this act.” N.J.S.A. 15A:1-3(a)(2). 2 A “[c]ivic ... 2018, 2020, and 2021 tax years as real property under N.J.S.A. 54:4-1. Moreover, no evidence was presented that NJPRA’s leasehold interest was being taxed under N.J.S.A. 54:4-2.3 or N.J.S.A. 54:4-1.10. North Jersey Police Radio Association, ...

docket:	009657-18
court:	NJ Superior Court Appellate Division
decided:	2022-11-03
status:	Unpublished
citation:
Document Size:	108179

550 DENNIS PRYOR v. DEPARTMENT OF CORRECTIONS -- rank: 841

... of a sex offense must be given a psychological examination. N.J.S.A. 2C:47-1. If it is found that the defendant ... of the DOC] at the [ADTC] for sex offender treatment[.] [ N.J.S.A. 2C:47-3(b).] Parole from the ADTC is different ... achieved a satisfactory level of progress in sex offender treatment." N.J.S.A. 2C:47-5. A sentence to the ADTC as a ... notifications by Grace Rogers, Administrator of the ADTC, pursuant to N.J.S.A. 2C:47-10 and its implementing regulations, that inmates would ... of Black Men magazine. Appellant has exhausted his administrative remedies. N.J.S.A. 2C:47-10, adopted in 1998, provides in relevant part ... Cir. 1999). These regulations "significantly narrow[ed]" the scope of N.J.S.A. 2C:47-10. Ibid. They provided definitions for statutory ...

docket:	A1707-04
court:	NJ Superior Court Appellate Division
decided:	2007-08-09
status:	published
citation:	395 N.J. Super. 471 929 A.2d 1091
Document Size:	115033

551 STATE OF NEW JERSEY v. DESHAUN P. WILSON -- rank: 841

... Wilson with third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1) (count one); third-degree possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(3) (count two ... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count three). Following an evidentiary hearing ... prior testimony. Utilizing an enlargement of a certified map, see N.J.S.A. 2C:35-7.1(e), Detective Brendan Sullivan of the ... him"). 5 The State counters by arguing that, pursuant to N.J.S.A. 2C:35-7.1(e), the map was admissible as ... for purposes of the Confrontation Clause, was not "testimonial." A. N.J.S.A. 2C:35-7.1(a) provides: Any person who ...

docket:	a2097-12
court:	NJ Superior Court Appellate Division
decided:	2015-09-10
status:	unpublished
citation:	442 N.J.Super. 224 121 A.3d 921
Document Size:	92206

552 TRACEY EMOLO v. JOHN C. EMOLO -- rank: 841

... the witness invoked the right against self-incrimination, pursuant to N.J.S.A. 2A:84A-19 and since "she's going to do ... 328 (App. Div. 2004). The Legislature has codified it in N.J.S.A. 2A:84A-20 and it is reaffirmed in N.J ... 1999, c. 199, § 1 (eff. September 13, 1999) (amending N.J.S.A. 2A:34-23(b) to add LDA). Because the PSA ... 335 N.J. Super. 465 , 476-83 (App. Div. 2000); N.J.S.A. 2A:34-23(c), facts that are not present in ... rehabilitative plan was included in the PSA as required by N.J.S.A. 2A:34-2(d). He also maintains any extension of ... statute's other factors when considering the amount of support. N.J.S.A. 2A:34-23(b)(1) to (13). Again, without ...

docket:	a3836-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-19
status:	unpublished
citation:
Document Size:	127565

553 State of New Jersey v. Maurice Pierce -- rank: 841

... offender and sentenced to a discretionary extended term pursuant to N.J.S.A. 2C:44-3. Consistent with State v. Dunbar , 108 N ... finding involved in sentencing him as a persistent offender under N.J.S.A. 2C:44-3(a). We hold that a sentencing court ... was indicted for first-degree armed robbery, in violation of N.J.S.A. 2C:15-1; third-degree unlawful possession of a weapon without a permit, in violation of N.J.S.A. 2C:39-5(b); and second-degree possession of a weapon for an unlawful purpose, in violation of N.J.S.A. 2C:39-4(a). A jury found him guilty of ... of a weapon by a prohibited person, in violation of N.J.S.A. 2C:39-7. Defendant’s conviction for first-degree ...

docket:	a-18-05
court:
decided:	2006-08-02
status:
citation:	*CITE_PENDING*
Document Size:	110634

554 VERIZON NEW JERSEY, INC. VS. BOROUGH OF HOPEWELL -- rank: 841

... 2009 on its business personal property in the Borough under N.J.S.A. 54:4-1. In two published decisions, the Tax Court ... to Chapter 4 of the Franchise and Gross Receipts Tax, N.J.S.A. 54:30A-16 to -29, repealed by L.1997, c ... or occupying public streets, highways, roads and other public places,' N.J.S.A. 54:30A-18. In 1945, when the Legislature passed the Corporation Business Tax Act, N.J.S.A. 54:10A-1 to -40, requiring domestic and foreign corporations ... State, county or local taxation' on intangible business personal property, N.J.S.A. 54:10A-2, it expressly exempted all corporations subject to the Franchise and Gross Receipts Tax's Chapter 4, N.J.S.A. 54:10A-3(a) (excluding from the CBT those ...

docket:	a2909-18
court:	appellate
decided:	2023-06-12
status:	Unpublished
citation:
Document Size:	179685

555 DIVISION OF YOUTH AND FAMILY SERVICES v. G.S. and N.K.C -- rank: 841

... failed to establish the four-pronged test set forth in N.J.S.A. 30:4C-15.1 by clear and convincing evidence. In ... 161 N.J. 337, 347 (1999). That standard, codified at N.J.S.A. 30:4C-15.1(a), states that parental rights may ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). [T]he trial court ... the third prong by clear and convincing evidence. Pursuant to N.J.S.A. 30:4C-15.1(c), reasonable efforts include, but are ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Here, the judge concluded ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The Supreme Court ...

docket:	a5982-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-30
status:	unpublished
citation:
Document Size:	75446