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1 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 1000

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

2 State v. William Hill -- rank: 965

... the Court considers whether the State’s witness tampering statute, N.J.S.A. 2C:28-5(a), is unconstitutionally overbroad on its face or was unconstitutionally ... degree witness tampering, in addition to the carjacking charge. Under N.J.S.A. 2C:28-5(a), a person commits third-degree witness tampering “if ... both charges. 1 The Appellate Division affirmed, holding that “ N.J.S.A. 2C:28-5(a) is neither unconstitutionally overbroad nor impermissibly vague” and that ... granted certification “limited to whether the witness tampering statute, N.J.S.A. 2C:28-5(a), is unconstitutionally overbroad.” 253 N.J. 595 (2023). HELD: N.J.S.A. 2C:28-5(a) is not unconstitutionally overbroad. It may, however, have been ... witness tampering statute and agrees with the Appellate Division that N.J.S.A. 2C:28-5(a) is not unconstitutionally overbroad, but for different reasons. ...

docket:	a-41-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-18
status:
citation:
Document Size:	69892

3 /usr/local/share/www/libweb/collections/courts/appellate/a1137-17.opn.html -- rank: 851

... PARAGRAPHS 8, 9, 10, AND 11]. A. COUNT 2 – N.J.S.[A.] 2C:28-5(a)(5) – TAMPERING WITH WITNESSES AND INFORMANTS; RETALIATION AGAINST THEM. B. COUNT 4 – N.J.S.[A.] 2C:28-5(a) – TAMPERING WITH WITNESSES AND INFORMANTS; RETALIATION AGAINST THEM ... l(b)(l) – AGGRAVATED ASSAULT. B. COUNT 2 – N.J.S.[A.] 2C:28-5(a)(5) – TAMPERING WITH WITNESSES AND INFORMANTS; RETALIATION AGAINST ... 1) (Count 1); third- degree tampering with witness and informants, N.J.S.A. 2C:28-5(a) (Count 2); fourth-degree tampering with evidence, N.J ... 1) (Count 3); third- degree tampering with witnesses and informants, N.J.S.A. 2C:28-5(a)(1) (Count 4); and fourth-degree criminal contempt, N ... to the tampering counts, defendant first argues that Count 2, N.J.S.A. 2C:28-5(a) and Count 3, N.J.S.A. 2C: ...

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4 STATE OF NEW JERSEY v. DHARUN RAVI -- rank: 837

... degree witness tampering, occurring on September 23, 2010, contrary to N.J.S.A. 2C:28-5(a)(1) and/or (2); and Count 15 , fourth degree ... with third degree tampering with a witness, in violation of N.J.S.A. 2C:28-5(a)(1) and/or (2), which provides: A person commits ... S.A. 2C:29-3(b), with the tampering statute, N.J.S.A. 2C:28-5. Writing on behalf of a unanimous Court, Justice Long explained: [T]hough both the tampering statute, N.J.S.A. 2C:28-5, and the hindering statute, N.J.S.A. 2C:29 ... action has been or is about to be instituted. Unlike N.J.S.A. 2C:28-5, N.J.S.A. 2C:29-3 is phrased in ... that official action exists or is contemplated. On the contrary, N.J.S.A. 2C:28-5 addresses action taken after one is already the focus ...

docket:	a4667-11
court:	NJ Superior Court Appellate Division
decided:	2016-08-09
status:	published
citation:	447 N.J.Super. 261 147 A.3d 455
Document Size:	138824

5 STATE OF NEW JERSEY v. LUIS A. VIALIZ -- rank: 790

... of the indictment charging defendant with second-degree witness retaliation, N.J.S.A. 2C:28-5(b), reverse the trial court order denying his motion to ... 1(b)(2); and second- degree retaliation against a witness, N.J.S.A. 2C:28-5(b).1 Defendant moved to suppress the statements he made ... TERM FOR WITNESS RETALIATION. A. Based on a Misunderstanding of N.J.S.A. 2C:28- 5(e), the Trial Court Made the Possession of a Weapon ... for a judgment of acquittal depends on the meaning of N.J.S.A. 2C:28-5(b), which provides: Retaliation against witness or informant. A person ... force. Otherwise it is a crime of the third degree. [N.J.S.A. 2C:28-5(b).] Defendant argues that A.S. never provided 'service . . . as ... on that day cannot constitute retaliation against a witness under N.J.S.A. 2C:28-5(b). We agree. Our obligation in ascertaining a statute' ...

docket:	a2333-19
court:	NJ Superior Court Appellate Division
decided:	2022-08-25
status:	Unpublished
citation:
Document Size:	46009

6 STATE OF NEW JERSEY v. WILLIAM HILL -- rank: 753

... carjacking and witness tampering. He contends the witness tampering statute, N.J.S.A. 2C:28-5(a), is unconstitutionally overbroad and vague. The statutory framework defendant ... of the arguments of the parties and amici, we conclude N.J.S.A. 2C:28-5(a) is neither unconstitutionally overbroad nor impermissibly vague. We decline ... running while she went back into her house to 1 N.J.S.A. 2C:28-5(a) lists five distinct actions by the targeted witness or ... superseding indictment added a charge of third-degree witness tampering, N.J.S.A. 2C:28-5(a). In June 2019, the trial court held a Wade2 ... informants who are linked to an official proceeding or investigation. N.J.S.A. 2C:28-5(a). Also, in this case, the communication was sent by ... obstruct, delay, prevent or impede an official proceeding or investigation. [ N.J.S.A. 2C:28-5 (emphasis added).] In State v. Gandhi, 201 N.J. ...

docket:	a4544-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-23
status:	Published
citation:
Document Size:	81283

7 State v. D.A. -- rank: 748

... or about to instituted,� as that language is used in N.J.S.A. 2C:28-5(a). Defendant, D.A., was charged with committing five crimes ... 220 (2006). HELD : The offense of tampering in violation of N.J.S.A. 2C:28-5 provides, in part, that a person commits the crime of ... Code commentaries to determine whether snatching purse constitutes robbery under N.J.S.A. 2C:28-5 was incorporated into the Code. In its present form, See footnote 2 N.J.S.A. 2C:28-5 provides that: Tampering with witnesses and informants; retaliation against them ... specified in subsection a.(1) through (4) of this section. [ N.J.S.A. 2C:28-5 (emphasis added).] Facially, the statute contemplates a situation in which ... its meaning. First, we note its placement in the Code. N.J.S.A. 2C:28-5 is included under Chapter 28, which is titled �Perjury ...

docket:	a-23-06
court:	njsupreme
decided:	2007-06-04
status:
citation:	191 N.J. 158
Document Size:	34139

8 STATE OF NEW JERSEY v. RAQUEL GARAJAU -- rank: 745

... one); and third-degree tampering with a witness or informant, N.J.S.A. 2C:28-5(a) (counts twenty-two). 2 State v. Reyes, 50 N ...

docket:	a2807-18
court:	NJ Superior Court Appellate Division
decided:	2021-05-04
status:	Unpublished
citation:
Document Size:	125030

9 MICHAEL HAND v. BOROUGH OF NEW PROVIDENCE -- rank: 745

... with Patrolman Lynch. After 'carefully review[ing] the tampering statute,' N.J.S.A. 2C:28-5(a), NPPD IA concluded there was probable cause that plaintiff ... Lynch stated he believed plaintiff's actions indicated he 4 N.J.S.A. 2C:28-5(a) provides: '[a] person commits an offense if, believing that ... which is] the very essence of witness tampering [pursuant to N.J.S.A. 2C:28-5(a)].' Next, the court addressed NPPD Rules and Regulations Section ... 24 Plaintiff analogizes intercession to witness tampering as provided in N.J.S.A. 2C:28-5(a) and 18 U.S.C. § 1512(b)(1 ... our deference. Plaintiff's contention that 'knowingly' as used in N.J.S.A. 2C:28-5(a) means 'as a result of the actor's conduct ...

docket:	a1097-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-17
status:	Unpublished
citation:
Document Size:	64869

10 STATE OF NEW JERSEY v. KATHLEEN M. DORSETT -- rank: 738

... 2C:17-1(d); and (3) third-degree witness tampering, N.J.S.A. 2C:28-5(a). Finally, the grand jury indicted Lesley, charging her with ...

docket:	a1796-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-06
status:	Unpublished
citation:
Document Size:	41165

11 STATE OF NEW JERSEY v. JAALIL S. SPRUIEL -- rank: 728

... were insufficient to establish he violated the witness tampering statute, N.J.S.A. 2C:28-5(a). He further contends, for the first time on appeal ... to set aside the jury verdict. The witness tampering statute, N.J.S.A. 2C:28-5, 'furthers the important governmental interest of preventing intimidation of, and ... inform falsely; (2) Withhold any testimony, information, document or thing . . . . [N.J.S.A. 2C:28-5(a)]. A-2232-17T2 15 In essence, there are two requirements for a conviction under N.J.S.A. 2C:28-5(a): (1) a defendant must believe an 'official proceeding or ... facts provide ample evidence to satisfy the first element of N.J.S.A. 2C:28-5(a). 9 The trial was presided over by Judge Scott ... change his or her story or otherwise not testify truthfully. N.J.S.A. 2C:28-5(a). This element also was reasonably supported by the ...

docket:	a2232-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-06
status:	Unpublished
citation:
Document Size:	47111

12 STATE OF NEW JERSEY v. RASHAN CALDWELL -- rank: 723

... and 2C:5-2; second-degree conspiracy to witness tamper, N.J.S.A. 2C:28-5(a) and 2C:5-2; and third-degree bail jumping ...

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

13 STATE OF NEW JERSEY v. SHANE TIMMONS, -- rank: 720

... 3) (Dana) (count five); and • third-degree witness tampering, N.J.S.A. 2C:28- 5(a) (Dana) (count six). G. Trial Testimony Nineteen witnesses testified ...

docket:	a2567-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-07
status:	Unpublished
citation:
Document Size:	169163

14 STATE OF NEW JERSEY v. THOMAS DORSETT -- rank: 711

... A. 2C:22-1(a); (8) third- degree witness tampering, N.J.S.A. 2C:28-5(a); (9) third-degree conspiracy to commit financial facilitation, N ...

docket:	a4507-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-02
status:	Unpublished
citation:
Document Size:	39085

15 State v. Joseph Diorio -- rank: 706

... 21-25, N.J.S.A. 2C:21-9, and N.J.S.A. 2C:28-5 (count one); second-degree theft by deception, N.J.S ...

docket:	A-110-11
court:	NJ Supreme Court
decided:	2014-02-12
status:
citation:
Document Size:	111685