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 Results for ("N.J.S.A. 2c:39-5")   1 to 15 of 1689 results. Run time: 0.693 seconds | Search time: 0.686 seconds    
 Page:1 2 3 4 5 6 7 8 9 10 113 Next 15
1 State of New Jersey v. James Grate -- rank: 1000
... considers (1) whether the “knowingly” mens rea requirement of N.J.S.A. 2C:39-5(e)(1) applies to both the possession of the firearm ... s presence at an educational institution; (2) the constitutionality of N.J.S.A. 2C:39-5(i)’s mandatory minimum sentence in light of in ... various offenses, including second-degree unlawful possession of a weapon, 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). With regard to the latter, the trial judge ... The court also ordered mandatory five-year parole disqualifiers under N.J.S.A. 2C:39-5(i), finding it substantially likely that defendants were involved in ... 2013). HELD : (1) In order to prove a violation of N.J.S.A. 2C:39-5(e)(1), the State must prove beyond a reasonable ...
docket: A-47-13
court: NJ Supreme Court
decided: 2015-01-15
status:
citation:
Document Size: 95224
2 Statev. Crisoforo Montalvo -- rank: 898
... and fourth-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(d) (Count Two). Montalvo was tried before a jury. When ... The judge primarily relied upon the Model Jury Charge for N.J.S.A. 2C:39-5(d). The judge did not add a self-defense instruction ... unjust result in this matter, they constitute plain error. 1. N.J.S.A. 2C:39-5(d) states that “[a]ny person who knowingly has ... defense does not excuse the possession of a weapon under N.J.S.A. 2C:39-5(d) except “in those rare and momentary circumstances where ... of events the jury relied upon to convict Montalvo under N.J.S.A. 2C:39-5(d), and the Court will not speculate about the foundations ... Criminal Jury Charges to review and revise the charge for N.J.S.A. 2C:39-5(d). A modified jury instruction is necessary to clarify ...
docket: A-76-15
court: NJ Supreme Court
decided: 2005-04-18
status:
citation:
Document Size: 89268
3 IN THE MATTER OF APPLICATION OF JONATHAN R. WHEELER -- rank: 860
... public places where the obligation to show justifiable need pertains, N.J.S.A. 2C:39-5, -6). On those assumptions, we conclude that intermediate scrutiny is ...
docket: a3704-11
court: NJ Superior Court Appellate Division
decided: 2013-12-30
status: published
citation:
Document Size: 171217
4 State v. Kevin Jerome Hudson -- rank: 853
... degree unlawful possession of a weapon (Count 15) contrary to N.J.S.A. 2C:39-5(d). Both counts related to the February 8, 2006 incident ...
docket: A-64-10
court: NJ Supreme Court
decided: 2012-02-06
status:
citation:
Document Size: 144780
5 STATE OF NEW JERSEY v. LEON MACK -- rank: 808
... Public Defender, of counsel and on the brief). ER CURIAM N.J.S.A. 2C:39-5(j) provides that the commission of certain weapons offenses by ... degree crime. The question presented on this appeal is whether N.J.S.A. 2C:39-5(j) is a substantive statute identifying a separate crime, or a sentencing enhancement provision. We hold that N.J.S.A. 2C:39-5(j) is a substantive statute identifying a separate crime subject ... first-degree unlawful possession of a weapon in violation of N.J.S.A. 2C:39-5(j). Indictment No. 16-02-0235 charged defendant with second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); fourth-degree possession of a defaced weapon, N.J ... aggravated assault, did not subject him to a charge under N.J.S.A. 2C:39-5(j) because NERA was not enacted until 1997. The ...
docket: a3423-16
court: NJ Superior Court Appellate Division
decided: 2017-10-11
status: unpublished
citation:
Document Size: 24513
6 Eric Morillo v. Monmouth County Sheriff Officers -- rank: 773
... have charged plaintiff with unlawful possession of a handgun under N.J.S.A. 2C:39-5(b)(1). Plaintiff claims that the statutory exemption from prosecution ... brought against plaintiff for unlawful possession of a weapon under N.J.S.A. 2C:39-5(b)(1). The charge was later administratively dismissed. For the ... and circumstances involved in charging plaintiff with a violation of N.J.S.A. 2C:39-5(b)(1), there was neither a knowing violation of law ... Plaintiff was charged with unlawful possession of a handgun under N.J.S.A. 2C:39-5(b)(1), which provides: “Any person who knowingly has ... that [n]othing in subsections b., c. and d. of [ N.J.S.A. ] 2C:39-5 shall be construed to prevent a person keeping or carrying ... in the decision to charge plaintiff with a violation of N.J.S.A. 2C:39-5(b)(1). The relevant facts as contained in the ...
docket: A-88-13
court: NJ Supreme Court
decided: 2015-07-13
status:
citation:
Document Size: 89629
7 Statev. Dasean Harper -- rank: 750
... Court agrees with that sound analysis. (pp. 13-14) 5. N.J.S.A. 2C:39-5(b) makes it an offense to possess a handgun ... things: (1) that he possessed a handgun in violation of N.J.S.A. 2C:39-5(b) or (c) “on the effective date of this ... charged defendant with second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (Count One), and fourth-degree possession of hollow-point ... who has in his possession a handgun in violation of [ N.J.S.A. 2C:39-5(b)] or a rifle or shotgun in violation of [ N.J.S.A. 2C:39-5(c)] on the effective date of this act may retain ... 117, § 3. The amnesty provision referenced two other statutes. N.J.S.A. 2C:39-5 makes it an offense to possess certain types of ...
docket: A-74-15
court: NJ Supreme Court
decided: 2017-06-05
status:
citation:
Document Size: 59400
8 /usr/local/share/www/libweb/collections/courts/supreme/a0062-14.opn.html -- rank: 737
... an accomplice, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:39-5(b); second-degree possession of a weapon for an unlawful ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 64883
9 State v. Jonathan Mercedes -- rank: 737
... 4(a)(1); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1); and conspiracy to commit robbery, N.J.S ... 4(a)(1); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1); and second- degree possession of a firearm after ...
docket: a_6_7_17
court: NJ Supreme Court
decided: 2018-05-01
status:
citation:
Document Size: 82199
10 STATE OF NEW JERSEY v. RASHAN CALDWELL -- rank: 730
... 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
11 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 728
... 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
12 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 728
... 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
13 STATE OF NEW JERSEY v. JOHN D. FITZGERALD -- rank: 728
... 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
14 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 728
... 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
15 State v. Nicholas Kiriakakis -- rank: 721
... 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: 78544
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