Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. LUCIA MANZANO -- rank: 1000

... a finding defendant's actions constituted de minimis infractions under N.J.S.A. 2C:2-11. Having reviewed the parties' arguments, the record, and the applicable ... abused its discretion by dismissing the prosecution and reverse. I. N.J.S.A. 2C:2-11 permits an assignment judge to dismiss a prosecution under certain ... specified circumstances. In its consideration of a dismissal motion under N.J.S.A. 2C:2-11, a court must 'assume[] that the conduct charged actually occurred ... moved to dismiss the charges as de minimis infractions under N.J.S.A. 2C:2-11. At the hearing on the motion, defendant offered a different ... charges against defendant should be dismissed as de minimis under N.J.S.A. 2C:2-11 because the plaintiff had requested dismissal, the plaintiff admitted to ... by the State in determining defendant's dismissal motion under N.J.S.A. 2C:2-11. defendant. The record does not indicate whether the officers ...

docket:	a1017-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-29
status:	Unpublished
citation:
Document Size:	48905

2 STATE OF NEW JERSEY v. VIRGINIA THOMAS -- rank: 915

... the indictment on the ground her infraction was de minimis. N.J.S.A. 2C:2-11. As we are not satisfied the trial court considered all ... negate, and which was not inconsistent with the legislative purpose. N.J.S.A. 2C:2-11(a). Second, the judge may dismiss if the conduct "[d ... an extent too trivial to warrant the condemnation of conviction." N.J.S.A. 2C:2-11(b). Third, dismissal may be ordered if the defendant's ... regarded as envisaged by the Legislature in forbidding the offense." N.J.S.A. 2C:2-11(c). There are no published decisions that apply the de ... The law states an assignment judge "may" dismiss a charge. N.J.S.A. 2C:2-11; see also State v. Brown , 188 N.J. Super. 656 ... 471-72 (Law Div. 1984). Addressing a triviality analysis under N.J.S.A. 2C:2-11(b), we stated that "what is most important is ...

docket:	a3826-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-17
status:	unpublished
citation:
Document Size:	42774

3 State of New Jersey v. Robert Goodwin -- rank: 706

... of conviction,ā€¯ an assignment judge may dismiss a prosecution. N.J.S.A. 2C:2-11(b); see, e.g. , State v. Nevens , 197 N.J ...

docket:	A-20-14
court:	NJ Supreme Court
decided:	2016-01-19
status:
citation:	224 N.J. 102 129 A.3d 316
Document Size:	72336

4 STATE OF NEW JERSEY v. RICHARD LABINSKI, JR -- rank: 698

... 2C:1-1 to -104-9, which is codified in N.J.S.A. 2C:2-11. That provision reads: The assignment judge may dismiss a prosecution ... established a self- regulating provision in the Code [referring to N.J.S.A. 2C:2-11] that can be used to protect against frivolous prosecutions under ... infraction. The violation was not de minimis for purposes of N.J.S.A. 2C:2-11 merely because only a single phone call was placed. There ... the present matter does not fall under the rubric of N.J.S.A. 2C:2- -11. In State v. Wilmouth, for example, the PDVA restraining order ...

docket:	a3770-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-02
status:	Unpublished
citation:
Document Size:	37978

5 M.D. v. MICHELE C. VERNO -- rank: 668

... or alternatively, a motion to dismiss the complaint pursuant to N.J.S.A. 2C:2-11 as a de minimis infraction. 3 He also filed a ...

docket:	a6310-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-30
status:	unpublished
citation:
Document Size:	23732

6 /usr/local/share/www/libweb/collections/courts/trial/state-v-halloran.opn.html -- rank: 665

... II. Standard of Review The present motion is governed by N.J.S.A. 2C:2-11, which allows for dismissal of the prosecution as a de ... prosecutor shall have a right to appeal any such dismissal. [ N.J.S.A. 2C:2-11 (emphasis added).] For purposes of a de minimis motion, the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46216

7 STATE OF NEW JERSEY v. ROCCO J. GIANCARLI -- rank: 640

... to dismiss the summonses as de minimis violations pursuant to N.J.S.A. 2C:2-11, based in part on the insubstantial amount of marijuana seized ... right to appeal any such dismissal. A-1941-19T4 7 [N.J.S.A. 2C:2-11.] In deciding de minimis motions, the assignment judge must accept ... Law Division denied defendants' application to dismiss the charges under N.J.S.A. 2C:2-11 as de minimis reasoning that the 'State has a zero ... meet the test for a de minimis infraction pursuant to N.J.S.A. 2C:2-11.' Id. at 146. Further, defendants alleged criminal conduct is unlike ... of marijuana and related paraphernalia were de minimis infractions under N.J.S.A. 2C:2-11. To the extent we have not addressed any of the ...

docket:	a1941-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-21
status:	Unpublished
citation:
Document Size:	25486

8 STANLEY J. SUSSMAN et al. v. ROBERT WAYNE MERMER et al. -- rank: 627

... that the Assignment Judge should have dismissed the action under N.J.S.A. 2C:2-11, which concerns de minimis infractions, and has pursued that argument ...

docket:	a1997-03
court:	njappellate
decided:	2004-12-21
status:	published
citation:	373 N.J. Super. 559
Document Size:	41271

9 STATE OF NEW JERSEY v. KATHERINE L. PARSONS -- rank: 594

... Super. 49 , 54 (App. Div. 1984). The de minimis statute, N.J.S.A. 2C:2-11, provides as follows: The assignment judge may dismiss a prosecution ...

docket:	a2552-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-07
status:	unpublished
citation:
Document Size:	22039

10 STATE OF NEW JERSEY v. D.O.P -- rank: 594

... violation of the FRO because no harm was caused under N.J.S.A. 2C:2- 11.2 Defendant's argument is procedurally defective and substantively without ... house approximately nine days after he was released from 2 N.J.S.A. 2C:2-11(b) provides that the assignment judge may dismiss a prosecution ...

docket:	a1881-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-28
status:	Unpublished
citation:
Document Size:	18571

11 STATE OF NEW JERSEY v. MARK E. TOMPKINS -- rank: 589

... charge should be reversed because any violation was de minimis. N.J.S.A. 2C:2-11 provides: The assignment judge may dismiss a prosecution if, having ...

docket:	A0142-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-26
status:	unpublished
citation:
Document Size:	67874

12 State v. Brian P. Hoffman -- rank: 584

... abuse" when determining whether the 1991 Act has been violated. N.J.S.A. 2C:2-11. It provides:             The assignment judge may dismiss a prosecution if ... prosecutor shall have a right to appeal any such dismissal.         [ N.J.S.A. 2C:2-11.]     The statute, with modifications, was modeled after MPC § 2.12 ...

docket:	a-78-96
court:	njsupreme
decided:	1997-06-25
status:
citation:	146 N.J. 564
Document Size:	28353

13 STATE OF NEW JERSEY v. ADAM BRENSINGER -- rank: 571

... on a finding that the charge was de minimis under N.J.S.A. 2C:2-11(b). We determine that the assignment judge abused his discretion ... as de minimis. The judge relied on subsection (b) of N.J.S.A. 2C:2-11, which allows an assignment judge to dismiss a charge if ... prosecutor shall have a right to appeal any such dismissal. [N.J.S.A. 2C:2-11.] In deciding a de minimis motion under subsection (b), the ... warrant prosecution.' Evans, 340 N.J. Super. at 249 (quoting N.J.S.A. 2C:2-11). When determining triviality, the court should consider all relevant circumstances ... Evans, 340 N.J. Super. at 249. Subsection (b) of N.J.S.A. 2C:2-11 directs the assignment judge to consider whether the defendant's ...

docket:	a3088-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-28
status:	Unpublished
citation:
Document Size:	18333

14 STATE OF NEW JERSEY v. THOMAS VITIELLO -- rank: 566

... of Morris County dismissing the complaint as de minimis under N.J.S.A. 2C:2-11.     Ricca asserts that defendant "intentionally elbowed him in his left ... case on the merits as the appeal must be dismissed. N.J.S.A. 2C:2-11 provides that the Assignment Judge may dismiss a prosecution, among ...

docket:	A0513-03
court:	NJ Superior Court Appellate Division
decided:	2005-05-12
status:	published
citation:	377 N.J. Super. 452 873 A.2d 591
Document Size:	14665

15 /usr/local/share/www/libweb/collections/courts/appellate/a0303-20.opn.html -- rank: 558

... in the Code, . . . [namely] the de minimis infraction provision.' Ibid. N.J.S.A. 2C:2-11(b) states a court may dismiss a prosecution if it ... not require a dismissal on de minimis grounds pursuant to N.J.S.A. 2C:2-11(b). II. We reject the argument raised in defendant's ...

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