Search Rutgers Law Library N.J. Court Opinions

1 State v. Ivonne Saavedra -- rank: 1000

... chapter.” N.J.S.A. 2C:3-1(a). N.J.S.A. 2C:3-2(b) generally addresses the defenses based on justification: Conduct which ... to exclude the justification claimed does not otherwise plainly appear. [N.J.S.A. 2C:3-2(b).] Distinct from the general justification provision, as a form ...

docket:	A-68-13
court:	NJ Supreme Court
decided:	2015-06-23
status:
citation:	222 N.J. 39 117 A.3d 1169
Document Size:	119115

2 STATE OF NEW JERSEY v. JULIAN SANDERS -- rank: 849

... to exclude the justification claimed does not otherwise plainly appear. [N.J.S.A. 2C:3-2(a).] There is no plain legislative purpose to exclude the ...

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

3 STATE OF NEW JERSEY v. ANNA N. TALIAFERRO -- rank: 804

... 546 (citing Cannel, New Jersey Criminal Code Annotated , cmt. on N.J.S.A. 2C:3-2). There was also sufficient evidence to demonstrate defendant's misconduct ...

docket:	a5494-13
court:	NJ Superior Court Appellate Division
decided:	2017-05-10
status:	unpublished
citation:
Document Size:	73022

4 A-0 STATE OF NEW JERSEY v. OLEG SHTUTMAN -- rank: 791

... DID NOT PROVE BEYOND A REASONABLE DOUBT THAT HE VIOLATED [ N.J.S.A. 2C:3-2(a)(1)]. A. THERE WAS NO PROOF THAT [DEFENDANT] CREATED ...

docket:	a0812-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-19
status:	unpublished
citation:
Document Size:	31134

5 STATE OF NEW JERSEY v. THERESA MULLEN -- rank: 781

... MUST BE DISMISSED ON APPLICATION OF THE DOCTRINE OF NECESSITY[,] N.J.S.A. 2C:3-2 (Not raised below). A-5569-17T4 4 POINT VIII THE ...

docket:	a5569-17
court:	NJ Superior Court Appellate Division
decided:	2020-10-14
status:	Unpublished
citation:
Document Size:	45426

6 STATE OF NEW JERSEY v. MICHAEL GARLAND -- rank: 761

... acted out of necessity, as authorized in appropriate cases by N.J.S.A. 2C:3-2. In light of defendant's position at trial – having ... involved and a legislative purpose . . . does not otherwise plainly appear.' N.J.S.A. 2C:3- 2(a). This defense has been found applicable when: (1) there ... defense should be tailored to the circumstances as authorized by N.J.S.A. 2C:3-2. We do not disagree with this view of the statutes ... might have been justified by the circumstances as authorized by N.J.S.A. 2C:3-2, the judge's instructions covered all the alternate factual theories ...

docket:	a1886-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-21
status:	Unpublished
citation:
Document Size:	31975

7 STATE OF NEW JERSEY v. KENNETH CICOLELLA -- rank: 734

... to establish the affirmative defense of necessity and justification. See N.J.S.A. 2C:3-2(a). In a written decision, the judge granted the State ... Sayreville Police Department, including allegations of harassment. Again, we disagree. N.J.S.A. 2C:3-2(a) provides: Conduct which would otherwise be an offense is ...

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

8 /usr/local/share/www/libweb/collections/courts/appellate/a0957-19.opn.html -- rank: 674

... jury on the 'necessity or justification defense' as codified in N.J.S.A. 2C:3-2(b). Defense counsel acquiesced to the judge's misgivings about ... to exclude the justification claimed does not otherwise plainly appear. [N.J.S.A. 2C:3-2(a).] Defense counsel offered the following hypothetical facts in support ... a ruling on that? I know it says here under [ N.J.S.A.] 2C:3-2(b), it doesn’t apply when you have a self ... legal issue is whether justification by necessity, as codified in N.J.S.A. 2C:3-2(b), can apply as a defense to the regulatory crime ...

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court:
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Document Size:	33400

9 /usr/local/share/www/libweb/collections/courts/appellate/a2338-19.opn.html -- rank: 656

... assert a necessity or other justification defense at trial. See N.J.S.A. 2C:3-2. A-2338-19 6 admit evidence of other wrong acts ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28465

10 STATE OF NEW JERSEY v. JAMES HERNANDEZ -- rank: 636

... witnesses' testimony that they would not support a claim under N.J.S.A. 2C:3-2 that there was some justification for killing Vega, nor would ...

docket:	a5652-07
court:	superior court appellate division
decided:	2010-07-26
status:	unpublished
citation:
Document Size:	71187

11 STATE v. JOHN F. HINDS -- rank: 603

... another person of a benefit. ������������[Cannel, Criminal Code Annotated , ������������ Comment N.J.S.A. 2C:3-2.] ����The indictment charged the defendants with violations of section 2 ...

docket:	a-61-95
court:	njsupreme
decided:	1996-04-10
status:
citation:	140 N.J. 276
Document Size:	40007

12 STATE OF NEW JERSEY v. ADEL MIKHAEIL -- rank: 603

... multiple counts of second degree conspiracy to commit official misconduct, N.J.S.A. 2C:3-2, second degree offering an unlawful benefit to a public servant ...

docket:	a2381-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-31
status:	Unpublished
citation:
Document Size:	15742

13 STATE OF NEW JERSEY v. M.A., JR -- rank: 571

... not faced with 'spontaneous and compelling danger.' Id. at 386. N.J.S.A. 2C:3-2(a), Necessity and Other Justifications in General, states: Conduct which ...

docket:	a0304-19
court:	NJ Superior Court Appellate Division
decided:	2022-10-04
status:	Unpublished
citation:
Document Size:	30061

14 STATE OF NEW JERSEY v. SO YOUNG HAN -- rank: 556

... Code. State v. Saavedra , 222 N.J. 39 , 75 (2015). N.J.S.A. 2C:3-2(b) provides for use of a justification defense, stating: Conduct ...

docket:	a4704-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-27
status:	unpublished
citation:
Document Size:	22887

15 STATE OF NEW JERSEY v. WARREN R. GERHARD -- rank: 538

... the defense is not clearly precluded by the language of N.J.S.A. 2C:3-2,1 which we do not acknowledge, it is plain defendant ... compelling as to raise a reasonable expectation of harm, 1 N.J.S.A. 2C:3-2(a) provides: Necessity. Conduct which would otherwise be an offense ...

docket:	a4065-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-26
status:	Unpublished
citation:
Document Size:	14310