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211 STATE OF NEW JERSEY v. ALEXIS TORO -- rank: 518

... was convicted of third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1). 1 On October 5 ... CONFRONTATION BY THE ADMISSION OF HEARSAY EVIDENCE BY THE STATE'S WITNESS, JAMES DAY. POINT II: THE PREJUDICIAL COMMENTS OF THE STATE DURING SUMMATION CONSTITUTED REVERSIBLE ERROR AND APPELLANT'S MOTION FOR A MISTRIAL SHOULD HAVE BEEN GRANTED. POINT III: THE ADMISSION OF S-7 INTO EVIDENCE WITHOUT A LIMITING INSTRUCTION AS TO WHAT ... AT THE TRIAL PRIOR TO THE CLOSE OF THE STATE'S CASE. After considering defendant's contentions in light of the applicable law, we affirm. ...

docket:	a1249-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-25
status:	unpublished
citation:
Document Size:	39098

212 STATE OF NEW JERSEY v. FREDERICK L. HUNT -- rank: 518

... arrest. Because two trial errors may have affected the jury's verdict in this close case, we reverse and remand for ... drawn. Defendant told the police that he had the officer's gun and sat down at the curb. Kelly grabbed defendant ... forced him to the ground, and handcuffed him. From defendant's waistband, according to Kelly, under his jacket and a sweatshirt ... phone to 'chirp'1 his uncle, who was a sheriff's officer, to get advice on what to do with the ... turn in the gun. He first looked toward Officer Kelly's police car, which was only ten feet away, but he ... guns as a child. He estimated he had the officer's gun for about sixty seconds before his arrest. On ...

docket:	a1463-07
court:	superior court appellate division
decided:	2010-03-25
status:	Unpublished
citation:
Document Size:	37377

213 STATE OF NEW JERSEY v. WAYNE GIBSON -- rank: 515

... under the influence of alcohol in violation of N.J.S.A. 39:4-50. Defendant was found guilty of a ... a $200 surcharge. The Superior Court judge also suspended defendant's driving privileges for two years and denied a motion to ... and a ten-year veteran of the Passaic County Sheriff's Department, responded to a report of a motor vehicle accident ... at the scene, Patrolman Post observed a black 2005 Acura S.U.V. down the embankment on Route 23 North in ... snow covered, though the road itself had been cleared. The S.U.V. had left tracks in the snow which indicated ... had overshot and driven into the woods instead. The vehicle's engine was still running and its lights were on. ...

docket:	a6098-07
court:
decided:	2009-06-12
status:	Unpublished
citation:
Document Size:	46253

214 STATE OF NEW JERSEY v. ANTHONY IRIZZARY -- rank: 512

... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-7 (count three). The following month, defendant ... 03-09-0826 to third-degree aggravated assault, N.J.S.A. 2C:35-7. On December 5, 2003, the trial ... defendant raises the following legal arguments: POINT I THE JUDGE'S FAILURE TO DECLARE A MISTRIAL WHEN HE LEARNED THAT A SHERIFF'S OFFICER HAD EXCLUDED DEFENDANT'S GIRLFRIEND FROM THE COURTROOM DURING JURY SELECTION DEPRIVED DEFENDANT OF ... HIS RIGHT TO A PUBLIC TRIAL. POINT II DETECTIVE AVILA'S TESTIMONY THAT HE KNEW THAT THE SUBSTANCE THE DEFENDANT ...

docket:	A1072-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-01
status:	unpublished
citation:
Document Size:	78282

215 STATE OF NEW JERSEY v. GREGORY EZEKIAN, JR -- rank: 512

... Division, Somerset County, Municipal Appeal No. 03-07R-T04. Jeffrey S. Katz argued the cause for appellant. Eric M. Mark, Assistant ... de novo review of driving while intoxicated (DWI), N.J.S.A. 39:4-129. Defendant was sentenced to the same ... discovered on the door and doorknob to Affinity Credit Union's parking garage. The search, aided by canines and a helicopter ... area as he was driving out. The Cadillac caught Hurst's attention because "it didn't seem to fit in the ... plate check verified that the Cadillac was registered to defendant's father, Gregory Ezekian, Sr., at defendant's address. As Hurst approached the passenger side of the ...

docket:	a2423-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-05
status:	unpublished
citation:
Document Size:	56283

216 STATE OF NEW JERSEY v. AL QUAADIR GREEN -- rank: 512

... defendant was convicted of two counts of murder, N.J.S.A. 2C:5-1, 11-3; four counts of robbery while armed, N.J.S.A. 2C:5-2, 15-1; one count of aggravated ... act be clear and convincing, the trial court cited Mayse's testimony before the grand jury and his signed statement, in ... evidence to the effect that defendant had shot Mayse. Defendant's principal argument on appeal is that the trial court erred ... not have achieved any noticeable benefit for defendant. The State's evidence linking defendant with the May 6 incident and the ... shells to recover and analyze. Nothing within the Supreme Court's recent opinions in State v. Kemp , ___ N.J. ___ (2008), ...

docket:	a4154-05
court:	njappellate
decided:	2008-08-07
status:	unpublished
citation:	196 N.J. 601
Document Size:	62638

217 STATE OF NEW JERSEY v. THOMAS PARKER -- rank: 512

... PER CURIAM Defendant Thomas Parker appeals from the trial court's January 5, 2012 order denying his third petition for post ... of parole ineligibility. On direct appeal, this court affirmed defendant's convictions and his sentence, in a consolidated opinion that also ... In August 2009, the United States District Court denied defendant's application for a writ of habeas corpus, which was based ... N.J. Aug. 21, 2009). In the federal district judge's initial written decision, he noted that "[d]espite the recantations ... the six witnesses, there still remains overwhelming evidence justifying [defendant's] conviction." Id. at 6. Among other things, the federal judge ... Ibid. Moreover, black paint, similar to the paint from defendant's own car, had been found on the car owned ...

docket:	a2582-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-12
status:
citation:
Document Size:	22773

218 STATE OF NEW JERSEY v. RAPHAEL GARLAND -- rank: 512

... Johnson, with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; first-degree armed robbery of Raheem Cottle, N.J.S.A. 2C:15-1; first-degree armed robbery of Donald Mclaurin Green, N.J.S.A. 2C:15-1; first-degree murder of Cottle, N.J.S.A. 2C:11-3a(1) and (2); first-degree felony-murder of Cottle, N.J.S.A. 2C:11-3a(3); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b; and second-degree possession of ...

docket:	a2647-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-13
status:	unpublished
citation:
Document Size:	48095

219 STATE OF NEW JERSEY v. QUAYSHAWN MACK -- rank: 509

... who was later identified as defendant. He matched the woman's description. Defendant saw the officers and began to run. The ... pulled out his flashlight. He pointed the light in defendant's direction and stated, "Stop, Police" multiple times. Defendant continued running ... a black ski mask from the front pocket of defendant's hooded sweatshirt. Hennessey interviewed the other individual, verified his alibi ... the area, including Sergeant Timothy O'Brien, who was Meade's and Hennessey's supervisor. Meade told O'Brien about the handgun and the ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (count one); second-degree unlawful ...

docket:	a4495-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	36172

220 STATE OF NEW JERSEY v. RAHEEM WILCOX -- rank: 507

... jury found defendant guilty of first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), third-degree ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d), and fourth-degree unlawful possession of a knife, N.J.S.A. 2C:39-5(d). The trial court merged the ... App. Div. Oct. 10, 2003). The Supreme Court denied defendant's petition for certification. State v. Wilcox , 185 N.J. 389 (2005). Defendant's convictions resulted from the stabbing death on April 13, 2000 ... a Miranda 1 hearing to assess the admissibility of defendant's formal statement, in which he reiterated that he had ...

docket:	a1188-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-20
status:	unpublished
citation:
Document Size:	25865

221 STATE OF NEW JERSEY v. BRUCE MORRIS -- rank: 504

... pleaded guilty to third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1), after the court denied ... indictment charging defendant with third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3), and other third-degree ... distribute, and doing so in a school zone. N.J.S.A. 2C:35-5(a)(1) and -5(b)(3), and N.J.S.A. 2C:35-7. Defendant now appeals from the denial of his suppression motion, based on the court's admission into evidence, at defendant's request, of the transcript of the plea allocution of ...

docket:	a1179-10
court:	NJ Superior Court Appellate Division
decided:	2014-03-12
status:	unpublished
citation:
Document Size:	29276

222 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 504

... DIVISION OF CHILD PROTECTION AND PERMANENCY, 1 Plaintiff-Respondent, v. S.S., Defendant-Appellant. _____________________________________ IN THE MATTER OF K.S. AND D.F., JR., Minors. _____________________________________ October 1, 2014 Submitted September ... M. Black, Designated Counsel, on the brief). PER CURIAM Defendant S.S. appeals the Family Part's determination, based on proofs adduced at a fact-finding ...

docket:	a6190-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	49729

223 STATE OF NEW JERSEY v. RONALD BURNS -- rank: 504

... Submitted March 7, 2006 - Decided Before Judges Coburn, Lisa and S.L. Reisner. On Appeal from the Superior Court of New ... in this case against his co-defendant, Ronald Burns. Felder's story, in short, was that he purposely shot Patterson that ... Burns helped Felder in his attempt to avoid apprehension. Felder's story was supported by a substantial body of corroborative evidence ... States Constitution requires reversal when inferences from a prosecution witness's refusal to answer questions in front of a jury add critical weight to the prosecution's case. Douglas v. Alabama , 380 U.S. 415 , 420, 85 S. Ct. 1074 , 1077, 13 L. ...

docket:	a6273-01
court:	njappellate
decided:	2006-05-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	134254

224 DIVISION OF YOUTH AND FAMILY SERVICES v. N.M IN THE MATTER OF J.K JR., and JO.K., minors -- rank: 504

... Harrigan, Designated Counsel, of counsel and on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Andrea M. Silkowitz, Assistant ... of J.K., Jr. ("James"), 2 appeals the trial court's determination after a fact-finding hearing that she abused or neglected her infant James in violation of N.J.S.A. 9:6-8.21(c)(4). The court adopted ... fractures. Applying our limited scope of review of the judge's findings, we affirm the findings of abuse or neglect. We also sustain the judge's evidentiary rulings that are challenged on appeal. I. The proofs ... on May 5, 2010. She is not married to James's father, her boyfriend at the time. Neither defendant nor ...

docket:	a5808-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-05-10
status:	Published
citation:
Document Size:	50188

225 STATE OF NEW JERSEY v. TYRESS EDWARD HIX -- rank: 504

... him guilty of third degree distribution of heroin, N.J.S.A. 2C:35-5b(3); and third degree distribution in a school zone, N.J.S.A. 2C:35-7. After the appropriate merger, defendant was ... years subject to four years parole ineligibility. This was defendant's second trial. The first trial ended after the court granted defendant's motion for a mistrial when a police officer testified that ... afternoon and the case was tried to conclusion with defendant's conviction. The charges arose out of a routine undercover operation ... who knew defendant, saw him walk up to the driver's side of the Camry, pull a small brown paper ...

docket:	a4616-05
court:	NJ Superior Court Appellate Division
decided:	2009-05-29
status:	unpublished
citation:
Document Size:	21910