Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. FUQUAN STRIBLING -- rank: 1000

... to be capable of producing death or serious bodily injury. [ N.J.S.A. 2C:11-1(c) (emphasis added).] The "all-inclusive category" emphasized above depends ... deadly weapon." "A deadly weapon is so broadly defined in N.J.S.A. 2C:11-1(c) that there can be no doubt that a motor ... absurd to apply the plain language of the definition in N.J.S.A. 2C:11-1(c) to include motor vehicles within the meaning of "deadly ... that result when interpreting NERA. Prior to 2001, NERA, like N.J.S.A. 2C:11-1(c), provided that "'deadly weapon'" means " any firearm or other ... emphasis added). Applying the same contextual test Riley applied to N.J.S.A. 2C:11-1(c), the Supreme Court agreed that "'an automobile can be ... must apply the plain language of subsection (b)(2) and N.J.S.A. 2C:11-1(c) here. Absent constitutional infirmity, "when the language of ...

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status:	unpublished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

2 /usr/local/share/www/libweb/collections/courts/appellate/a1137-17.opn.html -- rank: 955

... impairment of the function of any bodily member or organ.' N.J.S.A. 2C:11-1(b) (emphasis added); see State v. Bey, 129 N.J ...

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3 State of New Jersey v. Kelvin Williams -- rank: 948

... be capable of producing death or serious bodily injury.” N.J.S.A. 2C:11-1(c). This definition allows for a first-degree robbery conviction ... reference to a deadly weapon alone is insufficient to satisfy N.J.S.A. 2C:11-1(c), the words that convey the threat, the robber’s ... be capable of producing death or serious bodily injury.” N.J.S.A. 2C:11-1(c). The issue in this appeal is whether defendant’s ... decisional law involving simulation of a “deadly weapon” under N.J.S.A. 2C:11-1(c) as requiring “either an object that clearly simulates ... of N.J.S.A. 2C:15-1(b) and N.J.S.A. 2C:11-1(c) are distinctly different. Our primary goal in interpreting any ... of deadly weapon. “Deadly weapon” is broadly defined in N.J.S.A. 2C:11-1(c) as any firearm or other weapon, device, instrument, ...

docket:	A-8-12
court:	NJ Supreme Court
decided:	2014-08-11
status:
citation:	218 N.J. 576 95 A.3d 721
Document Size:	79323

4 STATE OF NEW JERSEY v. CHRISTOPHER DIANTONIO -- rank: 930

... impairment of the function of any bodily member or organ.' N.J.S.A. 2C:11-1(b); State v. Alexander, 233 N.J. 132, 147 (2018 ... inference that it was a deadly weapon as defined in N.J.S.A. 2C:11-1(c). Here, the State presented sufficient evidence supporting a robbery ... to be capable of producing death or serious bodily injury[.] [N.J.S.A. 2C:11-1(c).] A-1987-21 22 We agree with the motion ... the portable speaker constituted a 'deadly weapon' as defined by N.J.S.A. 2C:11-1(c). The State did not present any evidence establishing either ... the evidence establish the speaker was a dangerous weapon under N.J.S.A. 2C:11-1(c), absent any evidence as to the characteristics of the ...

docket:	a1987-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-02
status:	Unpublished
citation:
Document Size:	45889

5 State v. Allen Alexander -- rank: 917

... of the function of any bodily member or organ.” N.J.S.A. 2C:11-1(b). Flowing from that definition, “serious bodily injury” aggravated ...

docket:	a_49_16
court:	NJ Supreme Court
decided:	2018-04-30
status:
citation:
Document Size:	48537

6 /usr/local/share/www/libweb/collections/courts/appellate/a3430-17.opn.html -- rank: 909

... bodily injury. The term 'serious bodily injury' is defined in N.J.S.A. 2C:11-1(b) as 'bodily injury which creates a substantial risk of ... means physical pain, illness or any impairment of physical condition.' N.J.S.A. 2C:11-1(a). The Legislature has also defined an intermediate level of ... or temporary loss of any one of the five senses.' N.J.S.A. 2C:11-1(d). Leeper's argument concerning the degree of injury is ... reference to the different gradations of bodily injury defined in N.J.S.A. 2C:11-1. The trial court aptly recognized, in this regard, that the ... or impairment of the function of [an] . . . organ' or worse. N.J.S.A. 2C:11- - 1(b). Therefore, while the victim fortuitously might not have sustained ...

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7 STATE OF NEW JERSEY v. MICHAEL A. MARTIN -- rank: 901

... a)(1), merges with first-degree knowing or purposeful murder, N.J.S.A. 2C:11- 1 Because the victim shares the same last name as a ...

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

8 STATE OF NEW JERSEY v. CARL JONES -- rank: 898

... to be capable of producing death or serious bodily injury. [ N.J.S.A. 2C:11-1(c) (emphasis added).] The definition can include devices or instruments ... the hammer qualified as a 'deadly weapon' as defined in N.J.S.A. 2C:11-1(c). In a related argument, defendant contends his conviction for ...

docket:	a1994-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-17
status:	Unpublished
citation:
Document Size:	103248

9 /usr/local/share/www/libweb/collections/courts/appellate/a2349-19.opn.html -- rank: 893

... is 'physical pain, illness or any impairment of physical condition.' N.J.S.A. 2C:11-1(a). Among the other injuries to which Delgaizo testified and ... or temporary loss of any one of the five senses.' N.J.S.A. 2C:11-1(d). 19 A-2349-19 III Although, as defendant's ...

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10 STATE OF NEW JERSEY v. JARED RAZZANO -- rank: 891

... those necessary to constitute serious bodily injury as defined in N.J.S.A. 2C:11-1(b). We likewise conclude the State provided ample evidence A ... far exceeds that necessary to establish serious bodily injury, see N.J.S.A. 2C:11-1(b), but also by the multiple blade wounds to the ...

docket:	a5621-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-26
status:	Unpublished
citation:
Document Size:	43444

11 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF H.M.S -- rank: 891

... Code of Criminal Justice shall not be subject to expungement: N.J.S.[A.] 2C:11- 1 et seq. (Criminal Homicide), except death by auto as specified ... the statute's plain language that a conviction for an N.J.S.A. 2C:11-1 to -6 offense, in particular H.M.S.'s conviction ... In fact, given the statute's stated expungement bar for N.J.S.A. 2C:11-1 to -6 (Criminal Homicide) offenses except for N.J.S ... S.'s argument that the parenthetical of 'Criminal Homicide' describing N.J.S.A. 2C:11-1 to -6 in N.J.S.A. 2C:52-2 ... N.J.S.A. 2C:11-5.1 is expungable. N.J.S.A. 2C:11-1 to -6 is titled the chapter of the Code on ...

docket:	a3493-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-30
status:	Unpublished
citation:
Document Size:	20118

12 STATE OF NEW JERSEY v. JAHMAD GREEN -- rank: 880

... more than surpassed the statutory element of 'serious bodily injury.' N.J.S.A. 2C:11-1(b) (defining serious bodily injury as an injury 'which creates ...

docket:	a5491-16
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	66502

13 INTHE MATTER OF THE APPLICATION FOR THE EXPUNGEMENT OF THE CRIMINAL RECORD BELONGING TO J.W -- rank: 873

... Code of Criminal Justice shall not be subject to expungement: [ N.J.S.A.] 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified ... Code of Criminal Justice shall not be subject to expungement: [ N.J.S.A.] 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified ...

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

14 STATE OF NEW JERSEY v. JULIAN SANDERS -- rank: 862

... to summon assistance,' and 'bodily injury' as 'set forth in N.J.S.A. 2C:11-1' which 'means physical pain, illness or any impairment of physical ... condition . . . .' N.J.S.A. 2C:12-1.2(b); N.J.S.A. 2C:11-1(a). Our Supreme Court has distilled the elements of the ...

docket:	a1965-18
court:	NJ Superior Court Appellate Division
decided:	2021-05-13
status:	Published
citation:
Document Size:	47123

15 /usr/local/share/www/libweb/collections/courts/appellate/a3808-19.opn.html -- rank: 862

... impairment of the function of any bodily member or organ.' N.J.S.A. 2C:11-1(b). 'Significant bodily injury' is defined as 'bodily injury which ... or temporary loss of any one of the five senses.' N.J.S.A. 2C:11-1(d). Finally, '[b]odily injury,' sometimes referred to as mere ... as 'physical pain, illness or any impairment of physical condition.' N.J.S.A. 2C:11-1(a). The trial judge reasoned that the extent of Moseti ... factor and the statutory definition of 'serious bodily injury' in N.J.S.A. 2C:11-1(b) address different concepts. When a sentencing court considers the ... other defendants. Although the definition of 'serious bodily injury' in N.J.S.A. 2C:11-1(b) clearly contemplates a level of injury severe enough to ... aggravating factor with the definition of 'serious bodily injury' in N.J.S.A. 2C:11-1(b). See GE Solid State, Inc. v. Div. of ...

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court:	NJ Superior Court Law/Chancery Division
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