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136 STATE OF NEW JERSEY v. ALEXIS MARTINEZ -- rank: 584

... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:5-2 (count four). On October 20, 2006 ... he be sentenced as a second-degree offender, 373 U.S. 83, 87, 83 S. Ct. 1194 , 1196-97, 10 L. Ed.2d 215 , 218 (1963 ... Reddish , 181 N.J. 553 , 639-40 (2004). The State's obligations have also been set forth in Rule 3:13 ... comment 7.1 R . 3:13-3 (stating a prosecutor's willful violation of his discovery obligation may "require reversal ...

docket:	a4725-07
court:	superior court appellate division
decided:	2010-06-29
status:	Unpublished
citation:
Document Size:	48591

137 STATE OF NEW JERSEY v. RAHEEM HARRITY -- rank: 581

... for appellant (Michele Adubato, Designated Counsel, on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Deborah Bartolomey, Deputy Attorney ... the evidence and his sentence was excessive. Having considered defendant's arguments in light of the record and controlling law, we ... were shot and killed. Soto was driving his fiancée's 1987 Jeep Cherokee wagon and Castro was riding in the ... thigh. Both men died from the bullet wounds. Although Soto's nieces saw a driver and passenger in the Monte Carlo ... she did not remember the exact color of the shooter's car and she did not know what the shooter looked ... and York Streets and saw a black vehicle with someone's hand protruding from one of the car's windows. ...

docket:	a3060-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	90019

138 STATE OF NEW JERSEY v. AJAMU SHOMARI -- rank: 581

... Respondent. ________________________________ Argued: October 29, 2007 - Decided: Before Judges Stern, C.S. Fisher and C.L. Miniman. On appeal from the Superior ... was an incident that day between Richardson and Eddie King's brother, Ricky King. Ricky told Eddie that he was having ... and Eddie were in front of their house with Eddie's friend when they entered a car and drove around the ... his friend were parked. Singleton was sitting on the passenger's side and the victim was in the back. Defendant, Singleton ... in an alley on the side of a bar, Hawk's Patio, on North Ninth Street. Two witnesses, Percilla Smith and ... knew that Gene had "beat him." Defendant then said "let's shoot the nigger." Singleton continued to talk to Eddie ...

docket:	a4826-06
court:	njappellate
decided:	2008-01-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	69663

139 STATE OF NEW JERSEY v. COREY K. MANDERVILLE -- rank: 581

... convicted of first-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 (count four); 2 third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count six); and second-degree certain persons not to have a weapon, N.J.S.A. 2C:39-7 (count nine). The jury acquitted defendant of first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one ... which charged defendant with first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count two); first-degree robbery, N.J.S.A. 2C:15-1 (count three); second-degree possession ...

docket:	a3684-09
court:	NJ Superior Court Appellate Division
decided:	2013-09-11
status:	unpublished
citation:
Document Size:	126418

140 STATE OF NEW JERSEY v. RASHID WALKER -- rank: 581

... new trial. We affirm. I. The facts established in defendant's two trials were set out at length in our opinion on direct appeal and in the PCR court's oral decision. We highlight the relevant facts here. On February ... to ask questions about what they had done. At James's request, Lee agreed to store the two .45 caliber handguns ... 2002, police recovered the two .45 caliber handguns from Lee's closet. Two additional guns were found in the home of the mother of defendant's girlfriend, Shahqueena Wilson. Several persons linked defendant to those guns ... to rob him, and that James fled alone to Lee's apartment. James additionally asserted he saw defendant for the ...

docket:	a2563-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-23
status:	unpublished
citation:
Document Size:	37761

141 STATE OF NEW JERSEY v. MALIK NELSON -- rank: 581

... degree unlawful possession of a controlled dangerous substance, 541 U.S. 36, 53-54, 124 S. Ct. 1354 , 1365-66, 158 L. Ed.2d 177 , 194 (2004). Scurry's counsel argued that Scurry had the right to raise, ...

docket:	a5050-06
court:	njappellate
decided:	2009-02-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	49372

142 STATE OF NEW JERSEY v. WILBUR BUSSEY -- rank: 581

... Deputy Public Defender, of counsel and on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Ashlea D. Thomas, Deputy ... Bussey was convicted of second-degree vehicular homicide, N.J.S.A. 2C:11-5 (count one) and third-degree assault by auto, N.J.S.A. 2C:12-1c(1) and (2) (count two). Judge ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on the vehicular homicide conviction ... Defendant raises the following arguments on appeal: POINT I DEFENDANT'S RIGHT TO CONFRONT HIS ACCUSER WAS VIOLATED WHEN THE COURT ... PROBATION CHARGE, WHICH WAS RELEVANT TO BIAS - NAMELY, [THE WITNESS'S] INTEREST IN CURRYING FAVOR WITH THE STATE - AND EXPLAINED ...

docket:	a0887-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-24
status:	unpublished
citation:
Document Size:	34382

143 IMO The Liquidation of Integrity Ins. Co. -- rank: 581

... application of the doctrine of collateral estoppel to an insured’s attempt to secure coverage from an excess insurer following earlier ... to process the asbestos-related claims. In conjunction with Celotex’s bankruptcy proceedings, it sought a declaratory judgment that it was ... to the dispute, and that liability was predicated on Celotex’s manufacture and distribution of the materials. Therefore, each installation of ... for the Middle District of Florida, which confirmed that Celotex’s duty to give notice to post-1982 excess insurers arose ... moved in Superior Court to set aside the special master’s decision, but the court affirmed. The Appellate Division reversed. It ... reasonable notice of the then-pending claims, and the court’s decision did not address future claims. It found that ...

docket:	A-50-11
court:	NJ Supreme Court
decided:	2013-06-19
status:
citation:	214 N.J. 51 67 A.3d 587
Document Size:	85629

144 STATE OF NEW JERSEY v. ALEXANDER RUIZ-NEGRON -- rank: 575

... remand to the trial court for resentencing. I. The State's proofs at trial showed that four armed and masked men ... narcotics investigation. In addition, the court ruled that the laptop's discovery was inadvertent and met the plain view exception to ... defendants of the following: first-degree armed robbery, N.J.S.A. 2C:15-1(a)(1) (count one); second-degree ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count two); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count three); second-degree aggravated assault, N.J.S.A. 2C:12-(1)(b)(1) (count four); third- ...

docket:	a1993-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-10
status:	unpublished
citation:
Document Size:	66597

145 STATE OF NEW JERSEY v. JOHN E. THOMPSON -- rank: 575

... Toraya, Designated Counsel, of counsel and on the brief). Jeffrey S. Blitz, Atlantic County Prosecutor, attorney for respondent (James F. Smith ... 1 PARAGRAPH 10 THE RIGHT[] TO COMPETENT REPRESENTATION. A. COUNSEL'S TRIAL STRATEGIES WERE NOT BASED ON A REASONABLE DEFENSE AND ... HAVING HIS LAWYER BLATANTLY LIE ON HIS BEHALF. B. COUNSEL'S FAILURE TO PRESENT A CASE AGAINST THE ILLEGALLY OBTAINED EVIDENCE ON THE DEFENDANT'S BEHALF OR FILES ANY MOTION THERETO; EVIDENCE WHICH STEMMED FROM ... IMPROPERLY EVALUATED THE AGGRAVATING AND MITIGATING FACTORS RENDERING THE DEFENDANT'S SENTENCE ILLEGAL UNDER STATE V. DALZIEL . POINT II DEFENDANT'S RIGHT TO THE CONFRONTATION CLAUSE WAS VIOLATED BY INTRODUCTION ...

docket:	a6251-04
court:	njappellate
decided:	2007-05-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60362

146 STATE OF NEW JERSEY v. VIRGIL ROBERSON -- rank: 572

... his girlfriend at her Hillside apartment, along with his girlfriend's daughter, B.W., who was then ten years old. On ... offenses against B.W. while he resided in her mother's apartment, including digital penetration of her vagina, anal penetration and ... first-degree aggravated sexual assault, in violation of N.J.S.A. 2C:14-2b (count two); and third-degree endangering ... the welfare of a child, in violation of N.J.S.A. 2C:24-4a (count three). The trial court sentenced ... ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The court further imposed a ... court imposed sex-offender supervisory conditions upon defendant under Megan's Law, N.J.S.A. 2C:43-6,4, ...

docket:	a3414-03
court:	njappellate
decided:	2006-06-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	80911

147 STATE OF NEW JERSEY v. ALTURIK FRANCIS -- rank: 572

... PER CURIAM Defendant was convicted of breaking into Majoly Collins's apartment, robbing her, raping her at knife point, stabbing her ... a fourth victim. That victim survived to testify at defendant's trial, where she identified him as the attacker. 1 The ... the sentence, raising the following appellate issues: POINT I: DEFENDANT'S MOTION TO SUPPRESS HIS STATEMENTS TO POLICE SHOULD HAVE BEEN ... OF HEARSAY STATEMENTS VIOLATED THE RULES OF EVIDENCE AND DEFENDANT'S CONSTITUTIONAL RIGHT TO CONFRONT THE WITNESSES AGAINST HIM. POINT IV ... IDENTIFICATION TESTIMONY PERMITTED AGAINST DEFENDANT WAS IMPROPER AND VIOLATED DEFENDANT'S DUE PROCESS RIGHTS. POINT V: THE PROSECUTOR EXCEEDED FAIR COMMENT ... AND DEPRIVED DEFENDANT OF A FAIR TRIAL. POINT VI: DEFENDANT'S RIGHT TO A FAIR JURY TRIAL WAS VIOLATED BECAUSE ...

docket:	a1741-09
court:	NJ Superior Court Appellate Division
decided:	2012-08-07
status:	unpublished
citation:
Document Size:	69986

148 STATE OF NEW JERSEY v. CHRISTOPHER FOUNTAIN -- rank: 572

... twenty-five-year sentence of imprisonment. We affirm the jury's verdict but remand for a change of the sentence. The ... shooting occurred in Atlantic City on October 9, 2006. Defendant's trial was held in June 2010. The victim testified at ... used for the shooting in the backyard of a neighbor's house. The victim was rushed to a nearby hospital, where ... night drinking with others on the porch of his cousin's house on South Carolina Avenue, but he was not present ... to provide information about defendant as his assailant. At defendant's trial, the cooperating witness who had been arrested on unrelated ... a description of the shooter that did not fit defendant's physical appearance and was similar to the description provided ...

docket:	a1104-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-17
status:	unpublished
citation:
Document Size:	34777

149 STATE OF NEW JERSEY v. JANICE ALLEN -- rank: 572

... Janice Dilligard (Michael Confusione, Designated Counsel, on the brief). Christopher S. Porrino, Attorney General, attorney for respondent (Sarah Lichter, Deputy Attorney ... second-degree conspiracy to commit theft by deception, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-4 (count one); second-degree theft by deception, N.J.S.A. 2C:20-4 (count two); and second-degree financial ... facilitation, possession of property derived from criminal activity, N.J.S.A. 2C:21-25a (count nine). The jury also convicted Allen of third-degree theft by deception, N.J.S.A. 2C:20-4 (count three). 1 After appropriate ...

docket:	a4186-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-07
status:	unpublished
citation:
Document Size:	67123

150 STATE OF NEW JERSEY v. PABLO S. MACHADO -- rank: 572

... 3047-09T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. PABLO S. MACHADO, Defendant-Appellant. ______________________________ October 14, 2011 Submitted September 12, 2011 ... factual dispute at trial was the identification of defendant, Pablo S. Machado, as one of the robbers. Although other issues are ... trial court improperly admitted proofs of the taxi company dispatcher's alleged observation of defendant's cell phone number on his caller ID display. We conclude ... second-degree conspiracy to commit first-degree robbery, N.J.S.A. 2C:15-1 and 2C:5-2 (count one); first-degree armed robbery, N.J.S.A. 2C:15-1 (count two); third-degree unlawful ...

docket:	a3047-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-14
status:	unpublished
citation:
Document Size:	43507