Search Rutgers Law Library N.J. Court Opinions

16 INTHE MATTER OF THE APPLICATION FOR THE EXPUNGEMENT OF THE CRIMINAL RECORD BELONGING TO J.W -- rank: 676

... seq. (Criminal Homicide), except death by auto as specified in [ N.J.S.A.] 2C:11-5; [ N.J.S.A.] 2C:13-1 (Kidnapping); section 1 ... death by auto as specified 4 A-1730-16T3 in [ N.J.S.A.] 2C:11-5 and strict liability vehicular homicide as specified in section 1 of [N.J.S.A. 2C:11-5.3]; [ N.J.S.A.] 2C:13-1 (Kidnapping); section ...

docket:	a1730-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-26
status:	unpublished
citation:
Document Size:	72419

17 STATE OF NEW JERSEY v. JAKE PASCUCCI -- rank: 671

... accusation charging him with third degree strict liability vehicular homicide. N.J.S.A. 2C:11-5.3a. Consistent with the terms of the plea agreement, the ... inapplicable to this case as a matter of law because N.J.S.A. 2C:11-5.3d provides: 'It shall not be a defense to a ... appeal, defendant argues the sentencing judge misconstrued the scope of N.J.S.A. 2C:11-5.3d when he held he was per se precluded from ... 57, 70 (2014). A plain reading of the text in N.J.S.A. 2C:11-5.3d shows the Legislature intended to prohibit a defendant from ... Office charged defendant with third degree strict liability vehicular homicide, N.J.S.A. 2C:11-5.3a, and driving a vehicle while intoxicated (DWI), N.J ... We are thus compelled to remand this matter for resentencing. N.J.S.A. 2C:11-5.3a became effective on July 21, 2017, sixty-three ...

docket:	a4905-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-06
status:	Published
citation:
Document Size:	28229

18 STATE OF NEW JERSEY v. AMY LOCANE -- rank: 671

... of the lesser-included offense of second-degree vehicular homicide, N.J.S.A. 2C:11-5(a), 1 and third-degree assault by auto, N.J ... did not comply with the mandatory sentence provisions found in N.J.S.A. 2C:11-5(b)(1). The statute requires a defendant convicted of second ...

docket:	a2728-12
court:	NJ Superior Court Appellate Division
decided:	2016-07-22
status:	unpublished
citation:
Document Size:	105591

19 STATE OF NEW JERSEY , v. ANDRES I. CHAVARRIA -- rank: 660

... v. Pineda, the defendant pleaded guilty to death by auto, N.J.S.A. 2C:11-5(b), and he was sentenced to a four-year custodial ... with N.J.S.A. 2C:40-26(c). 7 N.J.S.A. 2C:11-5 was amended in 1995. L. 1995, c. 285, §� ... renamed the crime 'vehicular homicide,' A-4473-18T3 17 statute, N.J.S.A. 2C:11-5(b), mandated either imposition of a 270-day period of ... at 624. On the defendant's direct appeal, we interpreted N.J.S.A. 2C:11-5(b) 'to mean that the sentencing judge must deprive a ... interpretation and directed that a court sentencing a defendant under N.J.S.A. 2C:11-5(b) must first determine if imprisonment is appropriate and, if ... of the 270-day period of parole ineligibility provided in N.J.S.A. 2C:11-5(b). Id. at 627. More pertinent here, the Court ...

docket:	a4473-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-04
status:	Published
citation:
Document Size:	60650

20 STATE OF NEW JERSEY v. SCOTT M. HAHN, -- rank: 647

... one and two), two counts of second-degree vehicular homicide, N.J.S.A. 2C:11-5(a) (counts three and four), one count of third-degree ... homicide, i.e., that a vehicle caused the death. See N.J.S.A. 2C:11-5(a) ('Criminal homicide constitutes reckless vehicular homicide when it is ... death by auto shall be an included offense.'); but see N.J.S.A. 2C:11-5(d) (noting a conviction for vehicular homicide does not preclude ... N.J. 318, 334 (1998) (noting an earlier amendment to N.J.S.A. 2C:11-5(d) at that time permitted 'a conviction for both offenses ... included offenses. Secondly, prior to adoption of 1995 amendments to N.J.S.A. 2C:11-5 that elevated vehicular homicide from a third-degree crime to ... b), and that required for conviction of vehicular homicide under N.J.S.A. 2C:11-5. The charge instructs judges that when 'it is alleged ...

docket:	a4755-18
court:	NJ Superior Court Appellate Division
decided:	2022-08-17
status:	Published
citation:
Document Size:	73717

21 STATE OF NEW JERSEY v. KEITH R. BUCKLEY -- rank: 647

... the death of Christopher Zerby by driving a vehicle recklessly." N.J.S.A. 2C:11-5. 1 On appeal, the State presents the following issues for ... 2006), certif. denied , 189 N.J. 650 (2007); see also N.J.S.A. 2C:11-5. At issue here is whether the jury should hear evidence ... of the crime. N.J.S.A. 2C:2-3; N.J.S.A. 2C:11-5. Thus, when evaluating whether a defendant's reckless driving caused ... cause the death of another person under specific circumstances. See N.J.S.A. 2C:11-5. The causation provision N.J.S.A. 2C:2-3 ... homicide . . . caused by driving a vehicle or vessel recklessly.” N.J.S.A. 2C:11-5. 3 The Court concluded that the decision to terminate life ...

docket:	a2973-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-19
status:	unpublished
citation:
Document Size:	36163

22 State v. Bakka -- rank: 640

... N.J.S.A. 2C: 11-4a, or vehicular homicide, N.J.S.A. 2C: 11-5, statutes. ����On January 2, 1997, defendant took possession, without permission ... N.J.S.A. 2C: 11-4a, or vehicular homicide, N.J.S.A. 2C: 11-5, statutes. The evidence concerning defendant�s revocation, however, was not ... probative of recklessness within the meaning of the aggravated manslaughter, N.J.S.A. 2C:11-5, statutes. This matter arose after defendant Benhart Bakka was involved ... Teague. A jury convicted defendant of first-degree aggravated manslaughter, N.J.S.A. 2C:11-5, and third-degree unlawful taking of a means of conveyance ... when determining whether he was reckless within the meaning of N.J.S.A. 2C:11-5. That information came before the jury during the prosecutor�s ... noted, the jury convicted defendant of first-degree aggravated manslaughter, N.J.S.A. 2C:11-5, and third-degree unlawful taking of a means of ...

docket:	a-157-01
court:	njsupreme
decided:	2003-07-01
status:
citation:	176 N.J. 533
Document Size:	52548

23 State of New Jersey v. Elise N. Munafo -- rank: 636

... criminal attempt); N.J.S.A. 2C:5-2 (conspiracy); N.J.S.A. 2C:11-5.2 (leaving scene of boating accident that resulted in serious ...

docket:	A-6-14
court:	NJ Supreme Court
decided:	2015-08-05
status:
citation:	222 N.J. 480 120 A.3d 170
Document Size:	78794

24 STATE OF NEW JERSEY v. EDWARD M. PLAZA -- rank: 631

... Defendant was charged with second-degree reckless vehicular homicide under N.J.S.A. 2C:11-5(a) after he crashed his car into a fire hydrant ... newly enacted statute of third- degree strict liability vehicular homicide, N.J.S.A. 2C:11-5.3, as a lesser- included offense. The new statute, which ... INCLUDED OFFENSE TO SECOND-DEGREE RECKLESS VEHICULAR HOMICIDE. BECAUSE CHARGING N.J.S.A. 2C:11- 5.3 AS A LESSER-INCLUDED OFFENSE WOULD NOT HAVE RESULTED ... Div. 2016) (emphasis in original). Here, the plain language of N.J.S.A. 2C:11-5.3 is unambiguous. It became effective July 21, 2017, more ... behind the new statute: One of the policy objectives of N.J.S.A. 2C:11-5.3 was to prevent situations where a defendant's act ... Title 39 municipal offense, carrying minimum county jail time. Under N.J.S.A. 2C:11- 5.3(b), the conduct is elevated from a municipal ...

docket:	a2042-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-19
status:	Unpublished
citation:
Document Size:	25100

25 STATE OF NEW JERSEY v. ROBERT J. GARDNER -- rank: 629

... 11-4(a)(l) (count one); second-degree vehicular homicide, N.J.S.A. 2C:11-5(a) (count two); third-degree causing a death while operating ... we explained: [P]rior to adoption of 1995 amendments to N.J.S.A. 2C:11-5 that elevated vehicular homicide from a third- degree crime to ... S.A. 2C:11-4(b), and that required . . . under N.J.S.A. 2C:11-5.' Indeed, Model Jury Charges (Criminal), 'Reckless Manslaughter (N.J.S ... considered a lesser-included offense' under A-2550-19 25 N.J.S.A. 2C:11-5(d).' Therefore, the charge instructs courts to inform the jury ... emphasis added).] In Hahn, we acknowledged the 1995 amendments to N.J.S.A. 2C:11-5 elevated vehicular homicide to a second-degree offense and 'permitt ... by Cannel, New Jersey Criminal Code Annotated, comment 3 on N.J.S.A. 2C:11-5 (2022), which concluded the 1995 amendments evinced 'Legislat[ive] ...

docket:	a2550-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-27
status:	Unpublished
citation:
Document Size:	69762

26 STATE OF NEW JERSEY v. FUQUAN STRIBLING -- rank: 629

... 3) and vehicular homicide caused by driving a vehicle recklessly, N.J.S.A. 2C:11-5, were both fourth-degree crimes. Parker , supra , 198 N.J ... since been upgraded to a first- or second-degree crime. N.J.S.A. 2C:11-5(a), (b)(3). In any event, as Parker held in ...

docket:	a1147-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-23
status:	unpublished
citation:
Document Size:	61883

27 STATE OF NEW JERSEY v. JAKE PASCUCCI -- rank: 629

... a guilty plea to third-degree strict liability vehicular homicide, N.J.S.A. 2C:11-5.3(a). We affirm. The underlying facts are as follows ... appeal. Id. at 209. We concluded the judge erred because N.J.S.A. 2C:11-5.3(d) precludes 'a defendant from presenting evidence of the ... the motion, noting he 'specifically went through the factors' of N.J.S.A. 2C:11-5.3(a) and did not rely on any of the ... of 0.08% or more from operating a motor vehicle. N.J.S.A. 2C:11-5.3 states: a. Criminal homicide constitutes strict liability vehicular homicide ... acknowledged the Legislature removed the presumption of non- incarceration from N.J.S.A. 2C:11-5.3. 'When the presumption [of non- incarceration] does not apply ... discretion. V. Defendant argues the lack of sentencing guidelines in N.J.S.A. 2C:11- 5.3(a) violates due process and creates disparate sentencing. ...

docket:	a0664-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-20
status:	Unpublished
citation:
Document Size:	29623

28 STATE OF NEW JERSEY v. AMY LOCANE -- rank: 623

... 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 ... did not include the three-year parole bar mandated by N.J.S.A. 2C:11-5(b)(1). The judge sentenced defendant to a concurrent three ... year parole bar. Locane, slip op. at 48-49; see N.J.S.A. 2C:11-5(b)(1). The judge also failed to apply the two ... option of the lesser- included second-degree vehicular homicide offense. N.J.S.A. 2C:11-5(a) states that '[p]roof that the defendant was driving ... rise to an inference that the defendant was driving recklessly.' N.J.S.A. 2C:11-5(b)(1) then goes on to state that when a ... 30 A-1990-16T4 In December 1995, the Legislature amended N.J.S.A. 2C:11-5 to upgrade vehicular homicide to a second-degree crime ...

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

29 STATEOF NEW JERSEY v. ERICK P. UZCATEGUI -- rank: 623

... the jury found defendant guilty of second-degree vehicular homicide, N.J.S.A. 2C:11-5. On November 12, 2014, defendant was sentenced to an eight ... it is caused by driving a vehicle or vessel recklessly.' N.J.S.A. 2C:11-5(a). N.J.S.A. 2C:2-3(c) provides ... 4388-14T3 Here, the indictment charged defendant with vehicular homicide, N.J.S.A. 2C:11-5, by recklessly operating a motor vehicle while in violation of ...

docket:	a4388-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-13
status:	unpublished
citation:
Document Size:	143209

30 STATE OF NEW JERSEY v. SAMANDER S. DABAS -- rank: 623

... 1), and vehicular homicide requires only proof of driving "recklessly." N.J.S.A. 2C:11-5. We conclude that there was a realistic potential that Dando ...

docket:	a3858-07
court:	NJ Superior Court Appellate Division
decided:	2011-10-26
status:	unpublished
citation:
Document Size:	60752