Search Rutgers Law Library N.J. Court Opinions

61 STATE OF NEW JERSEY v. CARON HARRIS -- rank: 657

... by a Hudson County Grand Jury with second-degree eluding, N.J.S.A. 2C:29-2(b) (count one); second-degree possession of a firearm for ... 5)(a) (counts four and five); third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(a) (count six); fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2) and second-degree possession of a weapon by ... d] a risk of death or injury to any person." N.J.S.A. 2C:29-2(b). The statute creates a permissive inference that such a ...

docket:	a3348-08
court:	superior court appellate division
decided:	2010-12-10
status:	unpublished
citation:
Document Size:	45543

62 State v. Bunch -- rank: 657

... at 247. Finding little guidance in the legislative history of N.J.S.A. 2C:29-2, the court "invoke[d] the doctrine requiring strict construction against ... is clear when read in conjunction with other parts of N.J.S.A. 2C:29-2. That statute is divided into two subsections. The first, subsection ... 29-2a (emphasis added).] Although the resisting arrest portion of N.J.S.A. 2C:29-2 limits the class of potential victims to a "law enforcement ... any person" in the context of the other language in N.J.S.A. 2C:29-2 further supports the conclusion that the Legislature intended to ascribe ...

docket:	a-21-03
court:
decided:	2004-08-03
status:
citation:	180 N.J. 534 853 A.2d 238
Document Size:	83859

63 STATE OF NEW JERSEY v. TYRONE K. RAYMOND -- rank: 657

... defendant with one count of eluding in the second degree, N.J.S.A. 2C:29-2(b); one count of resisting arrest in the fourth degree, N.J.S.A. 2C:29- 2(a)(2); and one count of receiving stolen property in ... Jury Charge (Criminal), A-0684-21 12 'Eluding an Officer (N.J.S.A. 2C:29-2(b))' (rev. Nov. 15, 2004). All parties consented to the ... a risk of death or injury to any person.' See N.J.S.A. 2C:29-2(b) We are satisfied with the court's determination that ... of the law enforcement officers. See A-0684-21 21 N.J.S.A. 2C:29-2(b). Similarly, careless and reckless driving do not require creating ...

docket:	a0684-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-01
status:	Unpublished
citation:
Document Size:	43767

64 STATE OF NEW JERSEY v. CHRISTOPHER DESA -- rank: 655

... a) (count three); second-degree eluding a law enforcement officer, N.J.S.A. 2C:29-2(b) (count six); third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3) (count seven); two counts of second-degree aggravated ... creates a risk of death or injury to any person." N.J.S.A. 2C:29-2(b). On the other hand, N.J.S.A. 2C ... attempting to elude a law enforcement officer in violation of [ N.J.S.A. 2C:29-2(b)] . . . Notwithstanding any other provision of law to the contrary ... violation of this subsection upon proof of a violation of [ N.J.S.A. 2C:29-2(b)]. . . . According to one noted commentator, "[t]he second degree ... the penalty for operating a motor vehicle in violation of . . . [ N.J.S.A. 2C:29-2(b)] (eluding a police officer) when an injury occurs." ...

docket:	a5226-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	35976

65 STATE OF NEW JERSEY v. DARIUS FRAD BASS -- rank: 655

... A. 2C:39-3(f) (count seven); second-degree eluding, N.J.S.A. 2C:29-2(b) (count eight); third-degree receiving stolen property, a motor ... 4.1(a) (count fourteen); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count fifteen). 1 In a separate indictment, defendant was ... – then it could convict defendant of third-degree eluding, N.J.S.A. 2C:29-2(a). The verdict sheet, however, posed only one question: "How ...

docket:	a5000-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-04
status:	unpublished
citation:
Document Size:	49783

66 STATE OF NEW JERSEY v. KENNETH CICOLELLA -- rank: 655

... Middlesex County grand jury and charged with second-degree eluding, N.J.S.A. 2C:29-2(b), third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(1)(3), and fourth-degree aggravated assault on a ... 52. The same rationale applies to the charge of eluding, N.J.S.A. 2C:29-2(b), which expressed terms are violated when the actor "knowingly ... ing] a risk of death or injury to any person," N.J.S.A. 2C:29-2(b), defendant's conduct placed the motoring public at risk ...

docket:	a4830-13
court:	NJ Superior Court Appellate Division
decided:	2017-01-30
status:	unpublished
citation:
Document Size:	40817

67 STATE OF NEW JERSEY v. WILDEMAR A. DANGCIL -- rank: 655

... indicted defendant, charging him with second-degree resisting arrest/eluding, N.J.S.A. 2C:29-2(b) (count one); fourth- degree contempt for violating a domestic ...

docket:	a2118-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-10
status:	Unpublished
citation:
Document Size:	66675

68 /usr/local/share/www/libweb/collections/courts/appellate/a2286-18.opn.html -- rank: 652

... 2C:29-1 (count thirteen); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count fourteen). The jury acquitted both defendants of various ...

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court:
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Document Size:	45453

69 /usr/local/share/www/libweb/collections/courts/appellate/state.opn.html -- rank: 652

... jail time served for third degree eluding, in violation of N.J.S.A. 2C:29-2(b). During probation, two violations of probation (“VOP”) were ...

docket:	State
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	32369

70 /usr/local/share/www/libweb/collections/courts/appellate/a1869-16.opn.html -- rank: 652

... 2C:15-1(a)(2) to (3); second-degree eluding, N.J.S.A. 2C:29-2(b); fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2); two counts of third-degree terroristic threats, N ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	29644

71 STATE OF NEW JERSEY v. AL J. DELBRIDGE, JR -- rank: 652

... 39-3(d) (count three); fourth-degree resisting arrest purposefully, N.J.S.A. 2C:29-2(a) (count four); and fourth-degree obstructing a criminal investigation ...

docket:	a1508-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	36321

72 STATE OF NEW JERSEY v. LUIS HERNANDEZ -- rank: 650

... 2C:11-4(a)(2) (count four); second-degree eluding, N.J.S.A. 2C:29-2(b) (count five); and third-degree endangering an injured victim ... attempting to elude a law enforcement officer in violation of . . . N.J.S.[A.] 2C:29-2[b]." In State v. Curtis , 195 N.J. Super. 354 ...

docket:	a5489-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-05
status:	unpublished
citation:
Document Size:	49158

73 STATE OF NEW JERSEY v. DONALD NAEEM BAILS -- rank: 650

... 12-1(b)(5)(a), and third-degree resisting arrest, N.J.S.A. 2C:29-2(a), arguing a myriad of trial errors. After a review ... 289 (2006)). Defendant was convicted of third-degree resisting arrest, N.J.S.A. 2C:29-2(a), and fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(5)(a). Under N.J.S.A. 2C:29-2(a)(1), "a person is guilty of a disorderly persons ... of causing physical injury to the public servant or another." N.J.S.A. 2C:29-2(a)(3)(a); -2(a)(3)(b). In general, a ... S. Ct. 740 , 166 L. Ed.2d 563 (2006) (citing N.J.S.A. 2C:29-2(a)). So long as the officer was "'acting under color ... will not be justified in resisting an arrest. Ibid. (quoting N.J.S.A. 2C:29-2(a)). An important exception to this general rule arises ...

docket:	a5798-08
court:	NJ Superior Court Appellate Division
decided:	2011-10-19
status:	unpublished
citation:
Document Size:	50113

74 STATE OF NEW JERSEY v. THADIUS W. OSWALD -- rank: 650

... day, Haase filed a complaint charging defendant with: resisting arrest, N.J.S.A. 2C:29-2(a)(1); obstruction of justice, N.J.S.A. 2C ... a defendant to 'prevent . . . [an] officer from effecting an arrest[,]' N.J.S.A. 2C:29-2(a), and Haase never told defendant he was under arrest ...

docket:	a2277-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-11
status:	Unpublished
citation:
Document Size:	38452

75 STATE OF NEW JERSEY v. BILL ALEXIS -- rank: 648

... 2C:29-1, and fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2(a), and was found not guilty of second-degree unlawful ... arrest by flight, creating a substantial risk of physical injury, N.J.S.A. 2C:29-2(a) (count three); fourth-degree obstructing the administration of law ... obstacle, or by means of any independently unlawful act. [ Ibid.] N.J.S.A. 2C:29-2(a), "Resisting arrest, eluding officer," provides, in pertinent part: (2 ... to prevent a law enforcement officer from effecting an arrest." N.J.S.A. 2C:29-2(a). The jury was entirely free to reject defendant's ...

docket:	a2571-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-11
status:	unpublished
citation:
Document Size:	25756