Search Rutgers Law Library N.J. Court Opinions

721 STATE OF NEW JERSEY v. RICHARD W. BERNARDI, SR. -- rank: 841

... indictment with: second- degree false representations for a government contract, N.J.S.A. 2C:21-34(b) (count one); second-degree theft by deception from the NJDEP, N.J.S.A. 2C:20-4(a) (count two); first-degree financial facilitation of criminal activity, N.J.S.A. 2C:21- 25(b)(2)(a) (count three); second-degree theft by deception from Sussex,2 N.J.S.A. 2C:20-4(a) (count four); and second-degree theft of services, N.J.S.A. 2C:20-8(a) and N.J.S.A. 2C:20- 2(b)(1)(a) (count five).3 ...

docket:	a0752-17
court:	NJ Superior Court Appellate Division
decided:	2018-08-28
status:	Published
citation:	456 N.J.Super. 176 192 A.3d 1040
Document Size:	57741

722 STATE OF NEW JERSEY v. MICHAEL A. MARTIN -- rank: 841

... conviction to reflect that first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1), merges with first-degree knowing or purposeful murder, N.J.S.A. 2C:11- 1 Because the victim shares the same last ... FORTY YEARS, SUBJECT TO THE NO EARLY RELEASE ACT [(NERA), N.J.S.A. 2C:43-7.2,] IS MANIFESTLY EXCESSIVE, AND THE CONVICTION ... Martin, charging them with first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1), and first-degree knowing ...

docket:	a1023-19
court:	NJ Superior Court Appellate Division
decided:	2023-05-01
status:	Unpublished
citation:
Document Size:	104044

723 /usr/local/share/www/libweb/collections/courts/appellate/a0065-13a3947-13.opn.html -- rank: 841

... cases require us once again to discuss the interplay between N.J.S.A. 13:1B-13.1 to -13.6 (Title 13), and ... 1985. The State brought a quiet title action pursuant to N.J.S.A. 12:3-8 against the Township, alleging it had claimed ... responsibility 'for the stewardship of the State's riparian lands.' N.J.S.A. 12:3-12.1. Because this doctrine applies to 'all ... education. O'Neill, supra, 50 N.J. at 321-22; N.J.S.A. 18A:56-5 ('All lands belonging to this State now ... 4 In O'Neill, the Court cited the predecessor statute, N.J.S.A. 18:10-5, noting that the statute had provided for ... certify those lands which it finds are State owned lands.' N.J.S.A. 13:1B-13.2 (emphasis added). The Legislature gave ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	80051

724 /usr/local/share/www/libweb/collections/courts/appellate/a2694-18.opn.html -- rank: 841

... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a concurrent five-year term ... and charged in the Family Part with first-degree murder, N.J.S.A. 2C:11-3(a)(1); 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 was orally informed of his ... The State moved for involuntary waiver of jurisdiction pursuant to N.J.S.A. 2A:4A-26 and Rule 5:22-2. The court ... defendant committed criminal homicide, one of the enumerated offenses under N.J.S.A. 2A:4A-26.1(c)(2), and more specifically, ...

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court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	127754

725 /usr/local/share/www/libweb/collections/courts/appellate/a3007-12motionopn.opn.html -- rank: 841

... amended to charge third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and 2C:2-6(b)(1 ... argued that, pursuant to the Public Defender Act (the PDA), N.J.S.A. 2A:158A-1 to -25, it retained "some measure of ... of the PDA, the motion must be denied. Additionally, citing N.J.S.A. 2A:158A-15.1, defendant contended that review of OPD ... between indigent individuals and indigent corporations," and we specifically cited N.J.S.A. 1:1-2 for the proposition that "a corporation is ... determining factors for eligibility for public defender representation" contained in N.J.S.A. 2A:158A-14, and noted that three factors "clearly only ... offense[,]" such representation "shall include any direct appeal from conviction." N.J.S.A. 2C:A-158A-5 (emphasis added). Under the PDA, "' ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	90241

726 MATTHEW BORYSZEWSKI, et al. v. ANNETTE BORYSZEWSKI -- rank: 841

... law favors the apportionment of fault among responsible parties. See N.J.S.A. 2A:15-5.1 to -5.8; Scafidi v. Seiler ... was a "fair and just" wrongful death damage award under N.J.S.A. 2A:31-5, therefore, the jury could have legitimately discounted ...

docket:	A2071-02
court:	NJ Superior Court Appellate Division
decided:	2005-09-27
status:	published
citation:	380 N.J. Super. 361 882 A.2d 410
Document Size:	164577

727 STATE OF NEW JERSEY v. AMY LOCANE -- rank: 841

... of the lesser-included offense of second-degree vehicular homicide, N.J.S.A. 2C:11-5(a), third-degree assault by auto, N.J.S.A. 2C:12-1(c)(2), and related motor vehicle offenses ... the same analysis of statutory aggravating and mitigating factors. See N.J.S.A. 2C:44-1. We again vacate and remand, this time ... did not include the three-year parole bar mandated by N.J.S.A. 2C:11-5(b)(1). The judge sentenced defendant to ... 3 A-1990-16T4 the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. She is presently serving her parole ... year parole bar. Locane, slip op. at 48-49; see N.J.S.A. 2C:11-5(b)(1). The judge also failed ...

docket:	a1990-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-23
status:	published
citation:	454 N.J.Super. 98 184 A.3d 495
Document Size:	147759

728 IN RE SIX MONTH EXTENSION OF N.J.A.C. 5:91-1 ET SEQ. -- rank: 841

... 1 and the provisions of the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329, adopted initially in 1985. These ... principles of administrative fairness underlying the Administrative Procedure Act ("APA"), N.J.S.A. 52:14B-1 to –15, and the FHA. One appellant ... to provide an administrative mechanism for implementing the FHA, see N.J.S.A. 52:27D-305, with its underlying policy, in recognition of ... footnote 3 as a method of achieving fair share housing. [ N.J.S.A. 52:27D-303.] The constitutionality of the FHA was upheld ... s "comprehensive planning and implementation response to [the] constitutional obligation," N.J.S.A. 52:27D-302c, is to be effected by COAH. See N.J.S.A. 52:27D-305. Among the agency's express responsibilities ...

docket:	a5228-02
court:	njappellate
decided:	2004-08-31
status:	published
citation:	*CITE_PENDING*
Document Size:	102179

729 STATE OF NEW JERSEY v. M.P -- rank: 841

... guilty verdicts: second-degree endangering the welfare of a minor, N.J.S.A. 2C:24-4a (count one); first-degree aggravated sexual assault ... mouth of a child less than thirteen years of age), N.J.S.A. 2C:14-2a(1) (count two); first-degree aggravated sexual ... vagina of a child less than thirteen years of age), N.J.S.A. 2C:14-2a(1) (count three); first-degree aggravated sexual ... sex on a child less than thirteen years of age), N.J.S.A. 2C:14-2a(1) (count four); second-degree sexual assault ... breasts of a child less than thirteen years of age), N.J.S.A. 2C:14-2b (count five); second-degree sexual assault (touching ... vagina of a child less than thirteen years of age), N.J.S.A. 2C:14-2b (count six); second-degree sexual assault ( ...

docket:	a2498-11
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	118294

730 IN THE MATTER OF THE CITY OF CAMDEN -- rank: 841

... Camden (the City), by providing "extraordinary payments of State aid[.]" N.J.S.A. 52:27BBB-2(i). The amount of State aid has ... Public Interest Arbitration Reform Act (the Compulsory Interest Arbitration Act), N.J.S.A. 34:13A-14 to -21. 1 The resulting arbitration award ... Legislature enacted the Municipal Rehabilitation and Economic Recovery Act (MRERA), N.J.S.A. 52:27BBB-1 to -65, having found that "certain municipalities ... conomically impoverished," and in a "continuing state of fiscal distress[.]" N.J.S.A. 52:27BBB-2(a), (b). The Legislature observed that conditions ... enormous taxpayer cost in municipalities without a sound tax base[,]" N.J.S.A. 52:27BBB-2(b), and further, that "the ratable base ... in these municipalities has declined steadily during the 1990's[.]" N.J.S.A. 52:27BBB-2(f). As a result, "[t]hese ...

docket:	a1244-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-29
status:	published
citation:	429 N.J.Super. 309 58 A.3d 1186
Document Size:	83867

731 IN THE MATTER OF P.L. 2001, CHAPTER 362. v. THE STATE OF NEW JERSEY -- rank: 841

... Law 2001, Chapter 362 (the "Act"), codified in part as N.J.S.A. 2B:10A-1 to -3 and amending N.J.S.A. 2C:39-6, establishes within the Administrative Office of the ... shall be authorized to carry a firearm in accordance with N.J.S.A. 2A:168-5, ET SEQ., ESTABLISHING THE PROBATION DEPARTMENT, WAS ... IS VITIATED BY THE PASSAGE OF THE JUDICIAL UNIFICATION ACT, N.J.S.A. 2B:11-1 et seq. AND SERVES TO SUPPORT PANJ ... Not Need To Request     Arbitration Of This Matter. POINT V N.J.S.A. 2A:24-4 MANDATES THAT THE PLAINTIFF'S SUPERIOR COURT ... THE MATTER IS REFERRED TO ARBITRATION. POINT VI THE LEGISLATION- N.J.S.A. 2B:10A-1 ET SEQ., IS FOR PROBATION OFFICERS. ...

docket:	a3389-03
court:	njappellate
decided:	2005-02-18
status:	published
citation:	*CITE_PENDING*
Document Size:	103391

732 STATE OF NEW JERSEY v. JOHN CARNESI Telephonically -- rank: 841

... a June 25, 2010 conviction for second-degree aggravated assault, N.J.S.A. 2C:12-1b(1); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3d; and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7b. The two primary issues are whether (1 ... for a mandatory extended sentence pursuant to the Graves Act, N.J.S.A . 2C:43-6c, and imposed an aggregate sentence of eighteen ... fourth-degree possession of a defaced firearm, in violation of N.J.S.A. 2C:39-3d, if that person "knowingly has in ...

docket:	a2750-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-31
status:	unpublished
citation:
Document Size:	90550

733 KIMBA MEDICAL SUPPLY v. ALLSTATE INSURANCE COMPANY OF NJ -- rank: 841

... the New Jersey Alternative Procedure for Dispute Resolution Act ("APDRA"), N.J.S.A. 2A:23A-1 to -19, and associated PIP regulations cross ... We conclude that Sections 13 and 14 of the APDRA, N.J.S.A. 2A:23A-13 and -14, must be sensibly construed to ... to the insured in that particular case. I. Pursuant to N.J.S.A. 39:6A-5.1(a) ("the PIP statute"), "[d]isputes ... such PIP disputes, where the parties have elected that procedure. N.J.S.A. 39:6A-5.1(b). The organization that presently serves ... and regulations for the conduct of such PIP arbitration proceedings. N.J.S.A. 39:6A-5.1(b). The Commissioner has duly adopted ... the findings and conclusions on which the decision is based[.]" N.J.S.A. 39:6A-5.1(c) (emphasis added); see also ...

docket:	a1902-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-05
status:	published
citation:	431 N.J.Super. 463 70 A.3d 725
Document Size:	93859

734 388 ROUTE 22 READINGTON REALTY HOLDINGS, LLC v. TOWNSHIP OF READINGTON -- rank: 841

... its claims under the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2, arising from the denial by ... property free from an illegal development moratorium in violation of N.J.S.A. 40:55D-90(b). After granting reconsideration, the trial court abandoned its prior conclusion and found that N.J.S.A. 40:55D-90(b) does not create a substantive right ... its interpretation of the NJCRA on reconsideration and hold that N.J.S.A. 40:55D-90(b) creates a substantive right for property ... fall under the protection of the Permit Extension Act (PEA), N.J.S.A. 40:55D-136.1 to -136.6, constituting good cause ... The court found that such a moratorium is prohibited by N.J.S.A. 40:55D-90(b), a provision of the Municipal ...

docket:	a1826-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-08
status:	Unpublished
citation:
Document Size:	114122

735 STATE OF NEW JERSEY v. FRANK CAMPIONE -- rank: 841

... with fifteen counts of obtaining controlled dangerous substances by fraud, N.J.S.A. 2C:35-13. During a post-arrest interview, K.M ... and charged with two counts of obtaining CDS by fraud, N.J.S.A. 2C:35-13. According to the detective's affidavit, during ... arrested and charged with second-degree distribution of prescription medication, N.J.S.A. 2C:35-5(b)(4); third-degree unlawful practice of medicine, N.J.S.A. 2C:21-20; and third-degree conspiracy to obtain a controlled dangerous substance by fraud, N.J.S.A. 2C:5-2(a)(l) and N.J.S.A. 2C:35-13. Campione moved for a probable cause ...

docket:	a1709-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-24
status:	Published
citation:
Document Size:	108059