Search Rutgers Law Library N.J. Court Opinions

241 STATE OF NEW JERSEY v. ALMEIN ARCHER -- rank: 492

... to distribute a controlled dangerous substance (CDS) (cocaine), N.J.S.A. 2C:5-2 and N.J.S.A. 2C:43-6f. After finding aggravating sentencing factors 541 U.S. 36 , 54-55, 124 S. Ct. 1354 , 1365-67, 158 L. Ed.2d 177 , 194- ...

docket:	a0850-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-24
status:	unpublished
citation:
Document Size:	46991

242 STATE OF NEW JERSEY v. DEON DAVIS -- rank: 490

... found defendant guilty of second degree aggravated assault, N.J.S.A. 2C:39-4d (Count 2); fourth degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (Count 3); third degree terroristic threats, N.J.S.A. 2C:12-3b (Counts 4 and 5); and first degree attempted murder, N.J.S.A. 2C:11-3 (Count 6). On April 25, 2000 ... bitch," "Did I kill the bitch?" and "I hope she's dead." On December 17, 2001, we affirmed the convictions and ... with seventeen years parole ineligibility. The remaining points in defendant's petition were denied. Defendant appealed and we affirmed in ...

docket:	a0166-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-04
status:	published
citation:
Document Size:	64309

243 STATE OF NEW JERSEY v. CHRISTOPHER CLEMONS -- rank: 487

... jury and convicted of first degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3; second degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); second degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a); third degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b); and fourth degree aggravated assault, N.J.S.A. 2C:12-1(b)(4). After merging various ...

docket:	a0731-08
court:	NJ Superior Court Appellate Division
decided:	2011-10-28
status:	unpublished
citation:
Document Size:	18316

244 IN THE MATTER CIVIL COMMITMENT OF T.R.K.­ v. -- rank: 487

... pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. He argues ... witnesses by improperly limiting the cross-examination of the State's expert witnesses, and that the State failed to prove by ... the SVPA. A temporary commitment order authorizing T.R.K.'s transfer to the STU was signed on December 10, 2002 ... occurred on March 27, 1998. The victim was his girlfriend's seven year old daughter. He was charged with sexual assault ... abuse. The pedophilia diagnosis was based on T.R.K.'s long history of sexual arousal to children. In diagnosing T ... with paraphelia NOS, Dr. Gnassi observed that T.R.K.'s sexual arousal from seeing and/or touching young children, ...

docket:	A0510-03
court:	NJ Superior Court Appellate Division
decided:	2006-01-20
status:	unpublished
citation:
Document Size:	43762

245 STATE OF NEW JERSEY v. MARCOS HERNANDEZ -- rank: 484

... IN A TRIAL OF AFFIDAVIT, REQUIRING THE REVERSAL OF DEFENDANT'S CONVICITON AND A NEW TRIAL, PROMULGATED ON THE 5th, 6th ... For Failure To Challenge The Hearsay Evidence, Resulting In Appellant's Conviction. (c) Failure to Reasonably Cross-Examine Chemists Who Prepared ... In A Trial Of Affidavit, Requiring The Reversal Of Defendant's Conviction And A New Trial. POINT III : REVERSAL IS REQUIRED ... AND THE INEFFECTIVENESS ADVANCED IN POINT II . POINT IV : JURY'S VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE AND SHOULD ... GUILTY REPLACE THE OLD VERDICT. POINT V : BECAUSE N.J.S.A. 2C:43-6f GIVES THE PROSECUTOR THE STATUTORY DISCRETION ... ORDINARY TERM OF PUNISHMENT. III. We turn first to defendant's contention that the trial court erred by permitting the ...

docket:	a5981-07
court:	superior court appellate division
decided:	2010-03-09
status:	unpublished
citation:
Document Size:	38941

246 STATE OF NEW JERSEY v. WILLIAM PURNELL -- rank: 484

... him with first-degree carjacking, in violation of N.J.S.A. 2C:39-5b. Defendant was sentenced to an aggregate ... or high school. Lattie did not know the young man's name. The young man was wearing a red, white and ... car and moved it to a spot in the establishment's parking lot, which was closer to the pizzeria. He talked ... defendant carrying a bag to the car parked behind Lattie's vehicle. At this point, the young man entered the car from the driver's side, pointed a handgun at Alston, and demanded money. Alston ... the assailant. Defendant was subsequently arrested. The police dusted Lattie's car, which had been located three days after the ...

docket:	A1768-04
court:	NJ Superior Court Appellate Division
decided:	2006-11-15
status:	unpublished
citation:
Document Size:	50267

247 STATE OF NEW JERSEY v. C.S. -- rank: 481

... 03T47129-03T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. C.S., Defendant-Appellant. _______________________________ Submitted: October 11, 2006 - Decided October 27, 2006 ... supplemental brief. PER CURIAM Tried to a jury, defendant C.S. was convicted of multiple acts of sexual assault against his daughter P.S. over a two-year period while she was between ages ... assault by anal penetration on January 26, 2003, N.J.S.A. 2C:24-4 (count four). On June 11, 2004 ... the following arguments through counsel: POINT I THE TRIAL COURT'S FAILURE TO RULE ON THE ADMISSIBILITY OF LETTERS WRITTEN BY P.S.'S MOTHER VIOLATED C.S.'S RIGHTS TO PRESENT ...

docket:	a7129-03
court:	njappellate
decided:	2006-10-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51239

248 STATE OF NEW JERSEY v. JAKEEM POPE -- rank: 481

... appellant (Michele A. Adubato, Designated Counsel, on the brief). Jeffrey S. Chiesa, Acting Attorney General, attorney for respondent (Jenny M. Hsu ... for purposeful or knowing murder, in violation of N.J.S.A. 2C:11-3(a)(1) or (2); possession of ... a handgun without a permit, in violation of N.J.S.A. 2C:39-5(b); possession of a weapon for an unlawful purpose, in violation of N.J.S.A. 2C:39-4(a); witness tampering, in violation of N.J.S.A. 2C:28-5; and various other offenses. Defendant's motion to sever the witness tampering charge was denied. ...

docket:	a0883-10
court:	New Jersey Superior Court Appellate Division
decided:	2012-08-01
status:	unpublished
citation:
Document Size:	40707

249 STATE OF NEW JERSEY v. KATHLEEN ROSSANO -- rank: 481

... Rossano guilty of third degree theft of property, N.J.S.A. 2C:20-3 (Count Three); third degree computer theft, N.J.S.A. 2C:20-25a (Count Five); third degree hindering apprehension, N.J.S.A. 2C:29-3b (Count Six); third degree fraudulent use of credit cards, N.J.S.A. 2C:21-6h (Count Eight); and third degree interception of wire or oral communications, N.J.S.A. 2C:156A-3 (Count Nine). Defendant is serving an ... record system. Ross Spalding, a manager of CVC and defendant's supervisor, confronted defendant because she was the agent who ...

docket:	a3345-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-11
status:	unpublished
citation:
Document Size:	40080

250 STATE OF NEW JERSEY v. GEORGE RUIZ -- rank: 481

... Law Division, Essex County, Indictment No. 11-12-02149. Daniel S. Rockoff, Assistant Deputy Public Defender, argued the cause for appellant ... from his conviction for third-degree official misconduct, N.J.S.A. 2C:30-2, and the disorderly persons offense of theft by unlawful taking, N.J.S.A. 2C:20-3, for which he received an aggregate ... not appeal from the sentence. Defendant, an Essex County sheriff's detective assigned to the K-9 Unit, was convicted of ... TAKEN FROM RUIZ BY OFFICERS FROM THE ESSEX COUNTY PROSECUTOR'S INTERNAL AFFAIRS DIVISION, THE COURT ERRED BY REFUSING TO EXPLAIN ... THE COURT ERRED BY REFUSING TO ADMIT FOR THE JURY'S CONSIDERATION THE OUT-OF-COURT STATEMENT OF AN UNAVAILABLE ...

docket:	a0810-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-18
status:	unpublished
citation:
Document Size:	41163

251 PER CURIAM Tried by a jury, defendant Bernard Jones was convicted of second-degree unlawful possession of a handgun, N.J.S.A. 2C:39- 5(b), and fourth-degree certain persons not to have a weapon, N.J.S.A. 2C:39-7(a). On January 19, 2016, h -- rank: 478

... of second-degree unlawful possession of a handgun, N.J.S.A. 2C:39- 5(b), and fourth-degree certain persons not to have a weapon, N.J.S.A. 2C:39-7(a). On January 19, 2016, he ... trial errors warrant reversal. Defendant also contends that the judge's failure to expand on his reasons for the sentence, and ... handgun on the floor between 2 A-4211-15T1 defendant's legs. Detective Jesus Rivas patted defendant down once he was ... the car, and recovered four rounds of ammunition from defendant's front right-hand pocket. Defendant testified, and denied having been ... the officers, that the ammunition was found in a baby's sock located in the pouch behind the passenger seat. ...

docket:	a4211-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-20
status:	unpublished
citation:
Document Size:	19305

252 STATE OF NEW JERSEY v. ADOLFO PEREZ -- rank: 478

... from his conviction for second-degree aggravated assault, N.J.S.A. 2C:12-1b(1), third-degree possessing a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d, and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d. He also appeals from the sentence ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He raises the following appellate points for our consideration: point I ALLOWING THE DEFENDANT'S ALLEGED CONFESSION INTO EVIDENCE VIOLATED THE DEFENDANT'S RIGHTS UNDER THE CONFRONTATION CLAUSE OF THE SIXTH AMENDMENT. ...

docket:	a4556-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-31
status:	unpublished
citation:
Document Size:	24246

253 STATE OF NEW JERSEY v. THOMAS R. HOWARD -- rank: 478

... of driving while intoxicated (DWI), in violation of N.J.S.A. 39:4-50. After being found guilty in the ... again resulted in his conviction. Because that infraction represented defendant's third driving while intoxicated conviction, Judge Forester sentenced him to ... argues: I.    UNCONTROVERTED EXPERT TESTIMONY CONCERNING THE IMPACT A DEFENDANT'S MEDICAL CONDITION HAD ON THE RELIABILITY OF BREATHALYZER TEST RESULTS ... E. 703 WHEN SUCH TESTIMONY IS BASED ON THE EXPERT'S REVIEW OF THE DEFENDANT'S MEDICAL RECORDS, DISCOVERY, IN-COURT TESTIMONY OF OTHER WITNESSES AND ... THE MERE OPPORTUNITY PURSUANT TO CRAWFORD V. WASHINGTON , 541 U.S. 36 (2004) AND THE SIXTH AMENDMENT TO THE UNITED ...

docket:	a4798-05
court:	njappellate
decided:	2007-06-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	26740

254 STATE OF NEW JERSEY v. JAMES JACKSON -- rank: 478

... trial judge properly found the evidence inadequate to sustain defendant's burden on the application, we affirm. Defendant was indicted for murder, N.J.S.A. 2C:11-3(a)(1) or (2); possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); hindering his own apprehension, N.J.S.A. 2C:29-3 (b)(1); endangering an injured victim, N.J.S.A. 2C:12-1.2; and certain persons not ...

docket:	a3876-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-15
status:	unpublished
citation:
Document Size:	27609

255 STATE OF NEW JERSEY v. DOUGLAS G. PARIS -- rank: 478

... Douglas G. Paris with driving while intoxicated (DWI), N.J.S.A. 39:4-50, and careless driving, N.J.S.A. 39:4-97. On March 12, defense counsel entered ... judge denied the motion. At trial on September 4, defendant's oral motion to suppress all evidence regarding his arrest was ... days in the Passaic County jail, a ten-year driver's license suspension, and other fines and penalties. Defendant's request to stay execution of the jail sentence or grant ... on April 23, 2014, the Law Division judge denied defendant's renewed request for a jury trial and convicted defendant ...

docket:	a4012-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-02
status:	unpublished
citation:
Document Size:	29210