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286 STATE OF NEW JERSEY v. DARRAL V. BLACK -- rank: 435

... jury, defendant was convicted of third-degree conspiracy, N.J.S.A. 2C:5-2 (Count One) ; third-degree possession of a controlled dangerous substance (CDS) (cocaine), N.J.S.A. 2C:43-6f of seven years of imprisonment with ... Two with Count Three. On the same day, following defendant's plea of guilty to a charge of violation of probation ... OF DUE PROCESS OF LAW AND A FAIR TRIAL. [ U.S. CONST. amend. XIV; N.J. CONST. art. I, ¶ 1, 9 and 10.] (NOT RAISED BELOW). POINT II . THE COURT'S INACCURATE AND CONFUSING CHARGE LESSENED THE STATE'S BURDEN OF PROOF, ACCUSED [DEFENDANT] OF AN UNINDICTED CRIME, ...

docket:	a1322-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-23
status:	unpublished
citation:
Document Size:	51923

287 STATE OF NEW JERSEY v. BRIAN C. CARTER -- rank: 435

... finding him guilty of disorderly conduct, contrary to N.J.S.A. 2C:33-2(a)(1), and resisting arrest, contrary to N.J.S.A. 2C:29-2(a)(1). Defendant was initially tried ... found guilty of both charges. On August 14, 2009, defendant's de novo appeal was heard in the Law Division. The ... ground with his arms folded beneath him and disregarded Warraich's several commands to "show . . . his hands." Finally, the officer pulled defendant's arms out from beneath his chest and placed defendant in ... a bicycle he believed had been stolen from his aunt's house two weeks earlier. Upon asking the individual about ...

docket:	a0201-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-09
status:	unpublished
citation:
Document Size:	36749

288 STATE OF NEW JERSEY v. BALLARD L. RICCI -- rank: 435

... v. Chun , 194 N.J. 54 (2008), cert. denied , __ U.S. __, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), he may withdraw ... while under the influence (DWI) in violation of N.J.S.A. 39:4-50. He also asserts that he had ... September 17, 2006, defendant was charged with DWI, N.J.S.A. 39:4-50, and careless driving, N.J.S.A. 39:4-97. He was given the Alcotest ...

docket:	a5986-07
court:
decided:	2009-06-15
status:	Unpublished
citation:
Document Size:	42691

289 STATE OF NEW JERSEY v. NADHIR DIXON -- rank: 433

... appeals from his conviction for second-degree manslaughter, N.J.S.A. 2C:11-4; third-degree possession of 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. We affirm. I. We discern the ... photo array and identified defendant by physical characteristics and defendant's association with other people. The witness then gave police a ... jury subsequently indicted defendant for first-degree murder, N.J.S.A. 2C:11-3a(1) and (2) (Count One), two ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (Counts Two and Four), and ...

docket:	a3194-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-16
status:	unpublished
citation:
Document Size:	22901

290 STATE OF NEW JERSEY v. COREY ASHFORD -- rank: 433

... November 16, 2004 - Decided December 20, 2004         Before Judges Stern, S.L. Reisner and Graves. On appeal from the Superior Court ... a startling event," and the judge found that L.M.'s call to the police and statement to the officer were ... under 803[(c)(2)], excited utterance, the Court finds there's other sufficient corroboration within the context of the statement, which ... wrongdoing with respect to L.M. Based on the officer's testimony, along with a finding that defendant's testimony was not credible, the trial court judge found the ... anything you say might be used, but you know, that's up to her, not up to me, sir. MR. ...

docket:	A0680-03
court:	NJ Superior Court Appellate Division
decided:	2004-12-20
status:	published
citation:	374 N.J. Super. 332 864 A.2d 112
Document Size:	20295

291 STATE OF NEW JERSEY v. SAEED T. ELLIS -- rank: 430

... whether testimony concerning the police investigation that led to defendant's arrest violated the principles set forth in State v. Bankston ... N.J. 263 (1973) and Crawford v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004), and thereby prejudiced ...

docket:	a6260-07
court:	superior court appellate division
decided:	2009-12-11
status:	unpublished
citation:
Document Size:	38173

292 STATE OF NEW JERSEY v. CRAIG A. SCOTT -- rank: 427

... order denying his petition for post-conviction relief (PCR). Defendant's petition contended his trial counsel rendered ineffective assistance by failing ... THE STATE HAVING CONCEDED THAT 'THE MAJORITY OF' JARON WINKEY'S STATEMENT TO THE POLICE WAS 'A FALSE STORY HE CREATED ... OR 30 PHOTOGRAPHS, INCLUDING ONE OF DEFENDANT, BEFORE SELECTING DEFENDANT'S PHOTO FROM AN ARRAY, THE TRIAL COURT SHOULD HAVE RECONSIDERED DEFENSE COUNSEL'S REQUEST FOR A WADE[3] HEARING. (NOT RAISED BELOW). POINT ... COURT FAILED TO MAKE ANY INQUIRY AFTER RECEIVING THE FOREPERSON'S NOTE SUGGESTING THAT SHE WAS TOO AFRAID TO READ THE ... CONVICTIONS BE REVERSED. ________ 3 United States v. Wade, 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed. 2d ...

docket:	a0630-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-22
status:	unpublished
citation:
Document Size:	20688

293 STATE OF NEW JERSEY v. PERSIO LORA -- rank: 427

... defendant of two counts of third-degree burglary, N.J.S.A. 2C:18-2, including a burglary into a car and one count of third-degree theft, N.J.S.A. 2C:20-3. After trial, defendant fled and was ... Albert Sealy drove to Washington Garage in Bergenfield in defendant's car to steal some tire rims. Defendant parked his car ... outside the fence. Bergenfield Police Officer Kevin Doheny noticed defendant's car in the empty church parking lot and asked if ... and that nothing was wrong. Officer Doheny checked the car's license plate number to ensure it was not stolen, surveyed ... had been broken, allowing entry into the garage. Alexander Lora's fingerprint was found on glass from the garage window. ...

docket:	a5978-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-09
status:	unpublished
citation:
Document Size:	27315

294 STATE OF NEW JERSEY v. PAUL W. KERSEY, JR. -- rank: 427

... appellant (Frank M. Gennaro, Designated Counsel, on the brief). Christopher S. Porrino, Attorney General, attorney for respondent (Claudia Joy DeMitro, Deputy ... 18, 2013, of third-degree passing bad checks, N.J.S.A. 2C:21-5. He was sentenced on February 26 ... penalties. At sentencing, the trial judge simultaneously disposed of defendant's pending violation of probation on an unrelated indictment. 1 The sentencing hearing proceeded despite defendant's request for additional delay. We affirm. 2 The State's principal witness was an investigator employed by TD Bank. He ... R.E. 104 hearing and at trial regarding the bank's paperwork and the events that resulted in the charge. ...

docket:	a5275-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-07
status:	unpublished
citation:
Document Size:	33999

295 STATE OF NEW JERSEY v. HASAN LABERTH -- rank: 415

... convicted by a jury of first-degree robbery, N.J.S.A. 2C:15-1. 1 The trial court sentenced him ... ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and imposed the requisite monetary ... appeal, defendant raises the following issues: POINT I THE DEFENDANT'S RIGHT TO CONFRONTATION WAS VIOLATED BECAUSE HE WAS DENIED THE ... FINGERPRINT EVIDENCE AND LINKED THAT EVIDENCE TO THE DEFENDANT. U.S. CONST. AMENDS. VI AND XIV; N.J. CONST. , ART. 1, PAR. 10. POINT II DEFENSE COUNSEL'S FAILURE TO REQUEST A WADE HEARING TO CHALLENGE THE IDENTIFICATION ... OF COUNSEL. (Not Raised Below) POINT III THE TRIAL COURT'S INCONSISTENT AND CONFUSING CHARGE ON ACCOMPLICE LIABILITY DENIED THE ...

docket:	a3041-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-19
status:	unpublished
citation:
Document Size:	17192

296 STATE OF NEW JERSEY v. LINCOLN JOHNSON -- rank: 413

... was found guilty of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a); 1 second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); two counts of third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree certain persons not to have a weapon, N.J.S.A. 2C:39-7. The victim was an innocent bystander ... acquitted the defendant of first-degree attempted murder, N.J.S.A. 2C:5-1; N.J.S.A. 2C:11-3. Defendant thereafter entered a guilty ...

docket:	a2183-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-14
status:	unpublished
citation:
Document Size:	14757

297 FIRST MANAGED CARE OPTION v. PATRICIA A. OTT -- rank: 410

... PCS) appeals from an August 23, 2011 order denying it's motion to compel arbitration. PCS entered into a participation agreement ... companies and third-party administrators. PCS is one of FMCO's competitors. The Agreement identified PCS "as an agent for its ... PCS terminated the agreement in 2010. The Agreement enumerated PCS's obligation to perform specific claims management services, including, but not ... 1998 to 2010 and, as a result, Ott obtained FMCO's confidential client and marketing information. FMCO alleged that PCS stole FMCO's proprietary information by hiring Ott while Ott remained employed by ... responsibilities outlined in the Agreement. Rather, FMCO contended that PCS's conduct constituted tortious conduct. 2 PCS filed a motion ...

docket:	a0204-11
court:	NJ Superior Court Appellate Division
decided:	2012-04-16
status:	unpublished
citation:
Document Size:	16209

298 STATE OF NEW JERSEY IN THE INTEREST OF A.R.S. -- rank: 410

... STATE OF NEW JERSEY IN THE INTEREST OF A.R.S., a minor. _____________________________ November 5, 2014 Submitted October 28, 2014 â ... Joseph E. Krakora, Public Defender, attorney for appellant A.R.S. (Stefan Van Jura, Assistant Deputy Public Defender, of counsel and ... of counsel and on the brief). PER CURIAM A.R.S., a fifteen-year-old juvenile at the time the offenses ... an adult, would constitute first-degree felony murder, N.J.S.A. 2C:11-3a(3); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1a(1); first-degree robbery, N.J.S.A. 2C:15-1a(1); first-degree carjacking, N. ...

docket:	a2710-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-05
status:	unpublished
citation:
Document Size:	17777

299 STATE OF NEW JERSEY v. DIEDRA DENIERE CLARKE -- rank: 404

... controlled dangerous substance, marijuana, with intent to distribute, N.J.S.A. 2C:2-6, N.J.S.A. 2C:2-6 (Count Two). On May 6, 2003 ... a criminal record, and the need to deter. N.J.S.A. 2C:44-1. In addition, Robinson was ordered to ... fee, and a $30 law enforcement training fund penalty: Robinson's driver's license was also suspended for six months. The judge found ... was that Clarke had no prior indictable record, N.J.S.A. 2C:44-1, which the judge found was ...

docket:	a4307-03
court:	njappellate
decided:	2006-02-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60979

300 STATE OF NEW JERSEY v. LAMAR F. YOUNG -- rank: 404

... Glyn, Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General, attorney; Mr. Glyn, of counsel and on ... second-degree distribution of a controlled dangerous substance, N.J.S.A. 2C:35-5(b)(2) and 2C:35-5 ... 21, 2011, as a second-time drug distributor, N.J.S.A. 2C:43-6(f), to a mandatory extended term ... a sentence defendant was then serving. We affirm. The State's proofs established that on two occasions, February 7, 2007, and ... Witness Relocation Program and subsequently refused to testify at defendant's trial. State Police Detective Michael Flory and Glassboro Police Department ... 00 p.m., followed by the detectives. Shortly after Jones's arrival, defendant arrived in a white Buick. Jones got ...

docket:	a0580-11
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	22828