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2191 STATE OF NEW JERSEY v. JAMES J. REVIE -- rank: 356

... would impair his performance of the walk-and-turn test; 2) he failed to instruct defendant to look at his feet ... to the alleged sentencing error, Judge Ironson found defendant "fail[ed] to consider that . . . [he] has already received the benefit of ... 120 N.J. 1 , cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990), that conviction was not considered for purposes ... 90 days . . . ." N.J.S.A. 39:4-50 (a)(2). For a third or subsequent offense, the statute requires ...

docket:	a3187-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-18
status:	unpublished
citation:
Document Size:	35832

2192 Rosa Aponte-Correa v. Allstate Insurance Company -- rank: 356

... the payment of benefits . . . shall be commenced not later than 2 years after the injured person or survivor suffers a loss ... action for further benefits may be commenced not later than 2 years after the last payment of benefits.              [ N.J.S ... suit was filed were barred by the statute. Id. at 111. However, we expressly declined to address the question of when ... Craig and Daniel J. Pomeroy, New Jersey Insurance Law § 11:2-2 at 159 (1997).]          Principles of statutory interpretation also support the ... the payment of benefits         . . . shall be commenced not later than 2 years after the injured person or survivor suffers a ...

docket:	a-82-98
court:	njsupreme
decided:	2000-02-01
status:
citation:	162 N.J. 318
Document Size:	64523

2193 MARC SHAMS v. PLANNING BOARD OF THE VILLAGE OF LOCH ARBOUR -- rank: 356

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-2478-20. Jessica L. Sweet argued the cause for appellants (Sweet & Bennett, LLC, attorneys; Jessica L. Sweet, of counsel and on the briefs). Lance N. Olitt ... plaintiffs revised their plans multiple times but A-3485-21 2 thereafter stipulated to plans which required no variances. After the ... d)1 and the Village Historical Preservation Ordinance 2017-424.2 On August 15, 2018, the Board, acting as the Commission ... 25(d), '[i]n a municipality having a population of 2,500 or less, the planning board, if so provided ...

docket:	a3485-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-28
status:	Unpublished
citation:
Document Size:	33250

2194 State v. Wallace Baynes -- rank: 356

... its Guidelines for Operation of Pretrial Intervention (Guidelines). Guidelines 1, 2, 3 and 8 are particularly relevant here. Guideline 1 sets forth the purposes of PTI. Guideline 2 provides that any defendant accused of a crime is eligible ... demonstrating the consideration of all relevant factors. (pp. 5-7) 2. A prosecutor's decision to reject admission into PTI is ... is not premised on a consideration of all relevant factors; (2) is based on a consideration of irrelevant or inappropriate factors ... its Guidelines for Operation of Pretrial Intervention (Guidelines).          Guidelines 1, 2, 3, and 8 are particularly relevant to this case. Guideline ... receiving early rehabilitative services expected to deter future criminal behavior; (2) to provide defendants who might be harmed by the ...

docket:	a-63-96
court:	njsupreme
decided:	1997-04-01
status:
citation:	147 N.J. 578
Document Size:	45679

2195 PARK EAST TERRACE COOPERATIVE APARTMENTS INC v. LAN ASSOCIATES -- rank: 356

... Court of New Jersey, Law Division, Passaic County, Docket No. L-1410-10. Scott B. Piekarsky argued the cause for appellant ... was believed to have been removed and replaced by the #2 underground fuel oil tank (the #2 tank) in 1970. Recon reported the contamination to the New ... the tank was abandoned in place or removed when the #2 fuel oil tank was installed. LAN Associates will attempt to ... interviewing tenants. [(Emphasis added).] The third identified task concerned the #2 tank. LAN noted that it was more than twenty years ... first two proposed tasks, but not the third. Accordingly, the #2 tank was left undisturbed. As it turned out, documentation ...

docket:	a4952-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-27
status:	unpublished
citation:
Document Size:	33475

2196 STATE OF NEW JERSEY v. WILLIAM TOZER -- rank: 356

... Lago, Designated Counsel, of counsel and on the brief). Robert L. Taylor, Cape May County Prosecutor, attorney for respondent (J. Vincent ... contrary to N.J.S.A. 2C:11-3a(1)-(2), felony murder of Reverend Blackman, contrary to N.J.S ... 95 (App. Div. Jan. 4, 1999) (slip op. at 1-2). Defendant initially entered a plea of guilty to two of ... 95 (App. Div. Jan. 4, 1999) (slip op. at 1-2). The judge merged defendant's conviction for felony murder into ... for second-degree aggravated assault of Reverend Moore. Id. at 2. The judge granted the State's motion to sentence defendant ... claim as "clearly without merit" and affirmed pursuant to R. 2:11-3(e)(2), noting "that there was no ...

docket:	A6212-03
court:	NJ Superior Court Appellate Division
decided:	2006-01-23
status:	unpublished
citation:
Document Size:	53218

2197 STATE OF NEW JERSEY v. AUDBERTO EGIPCIACO -- rank: 356

... third-degree aggravated assault, N.J.S.A. 2C:18-2 (count five); fourth-degree aggravated assault, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2, as well as a five-year period of parole supervision ... Porte , 62 N.J. 312 , 318-19 (1973) (quoting R. 2:10-2.) In the context of a discovery violation, the analysis on ... 2004), cert. denied , ___ U.S. ___ 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). We conclude that the judge did ...

docket:	A0827-03
court:	NJ Superior Court Appellate Division
decided:	2006-02-07
status:	unpublished
citation:
Document Size:	63339

2198 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A. -- rank: 356

... A.A., A Minor. _________________________________________________ Submitted January 10, 2006 - Decided February 2, 2006 Before Judges Axelrad, Payne and Sabatino. On appeal from ... excused pursuant to N.J.S.A. 30:4C-11.2 as the result of the termination of S.A.'s ... S. 745 , 753, 102 S. Ct. 1388 , 1394-95, 71 L. Ed.2d 599 , 606 (1982) (recognizing parent's fundamental liberty interest ... Kate's best interest. In re Adoption of Children by L.A.S. , 134 N.J. 127 , 135 (1993). However, the ... the issue of parental fitness and the potential for rehabilitation. L.A.S. , supra , 134 N.J. at 141-43. ...

docket:	a6387-04
court:	njappellate
decided:	2006-02-02
status:	published
citation:	*CITE_PENDING*
Document Size:	61002

2199 STATE OF NEW JERSEY v. LAQUAN ALLEN -- rank: 356

... denied , 508 U.S . 947, 113 S. Ct . 2433, 124 L. Ed .2d 653 (1993). Although a prosecutor has a duty to ... U.S . 78, 88, 55 S. Ct . 629, 633, 79 L. Ed .2d 1314, 1321 (1935)). Prosecutorial misconduct may be ground for ... denied , 368 U.S. 967 , 82 S. Ct. 439 , 7 L. Ed.2d 396 (1962)). We apply this same standard when ...

docket:	A3987-03
court:	NJ Superior Court Appellate Division
decided:	2006-04-04
status:	unpublished
citation:
Document Size:	72061

2200 STATE OF NEW JERSEY v. JOSE ORMENO -- rank: 356

... Paula T. Dow, Essex County Prosecutor, attorney for respondent (Hilary L. Brunell, Executive Assistant Prosecutor, on the brief). Jose Ormeno appellant ... armed robbery, contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 and in ... firearm, contrary to N.J.S.A. 2C:43-7.2, the No Early Release Act (NERA), on count one and ... excited utterances testimony, under N.J.R.E. 803(c)(2), of the statements made to Orsorio by Polango when Polango ... denied , 528 U.S. 1085 , 120 S. Ct. 811 , 145 L. Ed.2d 683 (2000); State v. DiRienzo , 53 N.J. ...

docket:	A1774-04
court:	NJ Superior Court Appellate Division
decided:	2007-07-10
status:	unpublished
citation:
Document Size:	73325

2201 DENISE CAPIZZI v. BERKELEY TOWNSHIP -- rank: 356

... Court of New Jersey, Law Division, Ocean County, Docket No. L-2573-09. Robyn B. Gigl argued the cause for appellant ... insurance fraud, N.J.S.A. 2C:21-4.6. 2 After a further investigation, in February 2005, the prosecutor dismissed ... malicious prosecution claim: (1) defendants instituted criminal proceedings against plaintiff; (2) defendants acted with malice; (3) there was no probable cause ... by the prosecutor's office consisted of: (1) questioning Weinlein; (2) reviewing plaintiff's hospital records relating to the slip and ... or hospital visit immediately following her slip and fall accident; (2) to anyone at Ocean Bay; or (3) in her workers ... a plaintiff must show that: (1) the defendant acted intentionally; (2) the defendant's conduct was "'so outrageous in character, ...

docket:	a2185-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-09
status:	unpublished
citation:
Document Size:	32035

2202 STATE OF NEW JERSEY v. JOHN LLOYD, JR -- rank: 356

... Horowitz, Assistant Prosecutor, argued the cause for respondent (Theodore F. L. Housel, Atlantic County Prosecutor, attorney; Ms. Horowitz, of counsel and ... one-year loss of license and appropriate fines and penalties. 2 Defendant, represented by counsel, entered a guilty plea to a ... defendant filed this PCR petition pursuant to Rule 7:10-2(g), seeking Laurick relief to bar the 1977 conviction from ... defendant asserts legal error by the Law Division judge in: (l) discounting inflammatory statements made by the municipal court judge when addressing defendant; (2) discounting the fact the municipal court judge testified as to ... quoting Guido , supra , 40 N.J. at 208-09 n.2). The critical concern is that there is a "point ...

docket:	a4992-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-25
status:	unpublished
citation:
Document Size:	27102

2203 STATE OF NEW JERSEY v. D.M.A -- rank: 356

... aggravated sexual assault, N.J.S.A. 2C:43-7.2 on count two, a four-year consecutive term of imprisonment ... Thomas Rich spoke with A.A. and Q.B. from 2 p.m. to 7:30 p.m. He noticed A ... consideration of the evidence. Additionally, relying on State v. Concepcion , 111 N.J. 373 , 379 (1988), defendant suggests the jury charge ... review defendant's challenges under the plain error standard. R. 2:10-2. To find plain error in respect of the court's ... denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). Q.B.'s testimony was ...

docket:	a3931-06
court:	NJ Superior Court Appellate Division
decided:	2009-10-20
status:	unpublished
citation:
Document Size:	50956

2204 ROBERT MELLET v. AQUASID, LLC -- rank: 356

... Court of New Jersey, Law Division, Camden County, Docket No. L-516- 15. Andrew P. Bell argued the cause for appellants (Locks Law Firm, L.L.C. and the Law Office of Charles N. Riley, L.L.C., attorneys; Michael Galpern, James A. Barry, Charles N. Riley ... into by other members. Plaintiffs sought class certification for all 2 A-4438-15T1 persons who entered into a membership ...

docket:	a4438-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-16
status:	published
citation:	452 N.J.Super. 23 171 A.3d 207
Document Size:	29427

2205 STATE OF NEW JERSEY v. D.V., -- rank: 356

... Peter A. Garcia, Acting Public Defender,         attorney for appellant (Jay L. Wilensky,         Assistant Deputy Public Defender, of counsel         and on the ... that on June 29 she left for work at about 2:45 p.m. She stated her regular babysitter was her ... the children. She said that she leaves for work about 2:40 p.m. and returns home somewhere in the area ... the matter is reviewed under the plain error standard. R. 2:10-2; State v. Hock , 54 N.J. 526 , 538 (1969), cert ... Jersey , 399 U.S. 930 , 90 S.Ct. 2254 , 26 L.Ed.2d 797 (1970). Defendant claims the judge's ...

docket:	a5323-99
court:	njappellate
decided:	2002-02-19
status:	published
citation:	348 N.J. Super. 107
Document Size:	23373