Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. IVAN FIGUEROA -- rank: 727

... 1(b)(4); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and second-degree possession of a handgun with a ... a) (count nine); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1) (count ten)2; second-degree possession of a ... possession of a weapon, a A-2589-19 19 handgun, N.J.S.A. 2C:39-5(b)(1) (count ten); second-degree possession of a weapon ... third-degree unlawful possession of a handgun in violation of N.J.S.A. 2C:39-5(b)(1), because the judgment of conviction erroneously lists the ... second-degree unlawful possession of a weapon, a firearm, under N.J.S.A. 2C:39-5(b)(1). When defendant committed the offense on December 21, 2007, a violation of N.J.S.A. 2C:39-5(b)(1) constituted a third-degree offense and the ...

docket:	a2589-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-06
status:	Unpublished
citation:
Document Size:	83549

17 STATE OF NEW JERSEY v. AZIKWA RUSTIN STATE OF NEW JERSEY v. ALQUAN HARRIS STATE OF NEW JERSEY v. JOSEPH N. WRIGHT, a/k/a NORMAN BLACK, and CURTIS GORDON -- rank: 727

... 1) to (2); second-degree conspiracy to possess a handgun, N.J.S.A. 2C:39-5(b)(1) and A-2241-18T2 4 N.J.S ... 1); second-degree unlawful possession of a 9mm Keltec handgun, N.J.S.A. 2C:39-5(b)(1); second- degree possession of a handgun for an ... a)(1); and second-degree unlawful possession of a handgun, N.J.S.A. 2C:39- 5(b)(1). Rustin was separately indicted on second-degree certain ... a 9mm Keltec handgun due to a previous robbery conviction, N.J.S.A. 2C:39- 5(b)(1) and N.J.S.A. 2C:39-5(j); first-degree unlawful possession of a handgun due to a previous robbery conviction, N.J.S.A. 2C:39-5(b)(1) and N.J.S.A. 2C:39- ...

docket:	a2241-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-11
status:	Unpublished
citation:
Document Size:	48508

18 STATE OF NEW JERSEY v. RASHAN CALDWELL -- rank: 725

... four counts of second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); four counts of second-degree certain persons not to ...

docket:	a2760-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-01
status:	unpublished
citation:
Document Size:	31421

19 STATE OF NEW JERSEY v. JOHN D. FITZGERALD -- rank: 723

... weapon in Newark, N.J.S.A. 2C:58-5; N.J.S.A. 2C:39-5(f); and second-degree possession of a firearm in Newark ...

docket:	a6176-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132384

20 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 723

... weapon in Newark, N.J.S.A. 2C:58-5; N.J.S.A. 2C:39-5(f); and second-degree possession of a firearm in Newark ...

docket:	A6158-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132363

21 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 723

... weapon in Newark, N.J.S.A. 2C:58-5; N.J.S.A. 2C:39-5(f); and second-degree possession of a firearm in Newark ...

docket:	A5387-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132364

22 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 723

... weapon in Newark, N.J.S.A. 2C:58-5; N.J.S.A. 2C:39-5(f); and second-degree possession of a firearm in Newark ...

docket:	A1282-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	unpublished
citation:
Document Size:	135133

23 STATE OF NEW JERSEY VS. EBENEZER BYRD, JERRY J. SPRAULDING, AND GREGORY A. JEAN-BAPTISTE -- rank: 718

... count five); and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count six). Count seven of the indictment charged Byrd ...

docket:	a4941-18a5095-18a1452-19
court:	appellate
decided:	2024-05-16
status:	Unpublished
citation:
Document Size:	198756

24 State v. Nicholas Kiriakakis -- rank: 716

... N.J. 317, 323-24 (2015). The Court declared that N.J.S.A. 2C:39-5(i) was unconstitutional in light of Alleyne because the statute ... two defendants of second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and third-degree unlawful possession of a weapon at an educational institution, N.J.S.A. 2C:39-5(e)(1). 4 Id. at 323. Based on the handgun possession conviction, N.J.S.A. 2C:39-5(i) required that the sentencing court impose a minimum term ... were involved in organized criminal activity and, as required by N.J.S.A. 2C:39-5(i), imposed a mandatory five-year period of parole disqualification ... flawed jury instruction. Id. at 323. 25 We declared that N.J.S.A. 2C:39-5(i) was unconstitutional in light of Alleyne because the ...

docket:	a-51-17
court:	New Jersey Supreme Court
decided:	2018-11-05
status:
citation:
Document Size:	78516

25 /usr/local/share/www/libweb/collections/courts/appellate/a-51-17.opn.html -- rank: 716

... N.J. 317, 323-24 (2015). The Court declared that N.J.S.A. 2C:39-5(i) was unconstitutional in light of Alleyne because the statute ... two defendants of second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and third-degree unlawful possession of a weapon at an educational institution, N.J.S.A. 2C:39-5(e)(1). 4 Id. at 323. Based on the handgun possession conviction, N.J.S.A. 2C:39-5(i) required that the sentencing court impose a minimum term ... were involved in organized criminal activity and, as required by N.J.S.A. 2C:39-5(i), imposed a mandatory five-year period of parole disqualification ... flawed jury instruction. Id. at 323. 25 We declared that N.J.S.A. 2C:39-5(i) was unconstitutional in light of Alleyne because the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	235 N.J. 420 196 A.3d 563
Document Size:	78451

26 STATE OF NEW JERSEY v. ZAIRE R. EVANS -- rank: 714

... corrected judgment of conviction that accurately identifies the statutory basis, N.J.S.A. 2C:39-5(b), of defendant's conviction for third-degree unlawful possession ... a) (Count Five); third- degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (Count Six); third- A-3718-21 2 degree endangering ... the verdict sheet); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (renumbered as Count Five on the verdict sheet); third ... third-degree unlawful possession of a weapon in violation of N.J.S.A. 2C:39-5(b). Defendant appealed, arguing, among other things, his sentence was ... third-degree unlawful possession of a weapon in violation of N.J.S.A. 2C:39-5(b). Within months of that decision, defendant appealed the new ... charged and convicted for that crime under paragraph (d) of N.J.S.A. 2C:39-5, not paragraph (b). A violation of N.J.S. ...

docket:	a3718-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-12
status:	Unpublished
citation:
Document Size:	30603

27 State v. Ornette M. Terry -- rank: 714

... an indictment with second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and fourth-degree possession of hollow point bullets, N ... with second-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(b), and fourth-degree unlawful possession of hollow-point bullets ...

docket:	a_23_16
court:	NJ Supreme Court
decided:	2018-03-14
status:
citation:
Document Size:	145903

28 State v. Rodney Bull -- rank: 712

... 11-3(b); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); and third-degree possession of a weapon for unlawful ... 14-3(a); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); third-degree possession of a weapon for unlawful purposes ...

docket:	A-46-15
court:	NJ Supreme Court
decided:	2017-01-23
status:
citation:	227 N.J. 555 152 A.3d 942
Document Size:	54106

29 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 709

... a) (count seven); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count eight); third-degree unlawful possession of a weapon at an educational institution, N.J.S.A. 2C:39-5(e)(1) (count nine); third-degree terroristic threats, N.J ... OF A WEAPON IN AN EDUCATIONAL INSTITUTION IN VIOLATION OF [ N.J.S.A. 2C:39-5(e)(1)]. (Not Raised Below). POINT IV THE TRIAL WAS ... possession of a weapon at an educational institution was erroneous. N.J.S.A. 2C:39-5(e)(1) provides that [a]ny person who knowingly has ... supra , 180 N.J. at 311). The plain language of N.J.S.A. 2C:39-5(e)(1) indicates that an actor must knowingly possess a ... of the offense. Therefore, when a defendant is charged under N.J.S.A. 2C:39-5(e)(1), the State need only prove that a ...

docket:	a5996-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186

30 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 709

... a) (count seven); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count eight); third-degree unlawful possession of a weapon at an educational institution, N.J.S.A. 2C:39-5(e)(1) (count nine); third-degree terroristic threats, N.J ... OF A WEAPON IN AN EDUCATIONAL INSTITUTION IN VIOLATION OF [ N.J.S.A. 2C:39-5(e)(1)]. (Not Raised Below). POINT IV THE TRIAL WAS ... possession of a weapon at an educational institution was erroneous. N.J.S.A. 2C:39-5(e)(1) provides that [a]ny person who knowingly has ... supra , 180 N.J. at 311). The plain language of N.J.S.A. 2C:39-5(e)(1) indicates that an actor must knowingly possess a ... of the offense. Therefore, when a defendant is charged under N.J.S.A. 2C:39-5(e)(1), the State need only prove that a ...

docket:	a5757-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186