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46 STATE OF NEW JERSEY v. ANDREW SWINTON -- rank: 578

... Swinton was convicted of second-degree attempted burglary, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:18-2 (count five); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1) (count eight); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:15-1 (count ten); second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2(a)(1) and N.J. ...

docket:	a0442-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-12
status:	unpublished
citation:
Document Size:	63140

47 STATE OF NEW JERSEY v. VICTOR BAYLOR -- rank: 578

... He also appeals his sentence as excessive. We affirm defendant's conviction and sentence for first-degree armed robbery. We reverse ... near the cash register in his store. Three of Reyes's family members were working in the store his nephew, Luciano ... into the store. Segundo and the others described the men's masks as head coverings and clothing, like shirts, with holes ... for the eyes and mouth and pulled over the men's faces. The shorter masked man put a handgun to the ... claimed that he and Luciano had reached for the robber's gun at the same time. Bolt also testified that he ... all charges: (count one) first-degree armed robbery, N.J.S.A. 2C:5-1 and 2C:20-3a; (count ...

docket:	a3891-07
court:	superior court appellate division
decided:	2010-08-24
status:	unpublished
citation:
Document Size:	128578

48 State v. Terry W. Coder -- rank: 578

... three-year-old child, the Court determines whether the child's out-of-court statements, as testified to by her mother ... the apartment building. There, Coder pulled his pants and Joyce's pants down and sexually touched her. Witnessing this, Susan ran out of the basement and straight to Joyce's apartment, where she told Joyce's mother, Denise, what had happened and that Joyce was still ... a hearing to address the admissibility at trial of Denise's testimony concerning what Joyce told her on the day of the assault. After Denise testified about Joyce's statements, Joyce was called to the stand. In response ...

docket:	a-28-08
court:
decided:	2009-05-04
status:
citation:	198 N.J. 451 968 A.2d 1175
Document Size:	92873

49 /usr/local/share/www/libweb/collections/courts/appellate/a2481-11redactedxx.opn.html -- rank: 578

... 20, 2011 conviction for first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a, and third-degree endangering an injured victim, N.J.S.A. 2C:12-1.2, and from the sentence of ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On this appeal, defendant raises ... the following points for our consideration: POINT I THE STATE'S USE, OVER DEFENSE OBJECTION, OF THE CO-DEFENDANT'S STATEMENT TO POLICE -- BOTH WHEN CROSS-EXAMINING THE DEFENDANT, AND IN THE PROSECUTOR'S SUMMATION -- WAS A BLATANT VIOLATION OF DEFENDANT'S RIGHTS ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	59185

50 NORMA J. DRAGO v. COMMUNICATION WORKERS OF AMERICA, MORTON BAHR, et al. -- rank: 575

... of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49; violations of the New Jersey Family Leave Act (FLA), N.J.S.A. 34:11B-1 to -16; and the federal Family Medical Leave Act (FMLA), 28 U.S.C. § 2601; violation of the Communication Workers of America ... for whom plaintiff worked in the Trenton office, described plaintiff's performance for them as "excellent" and "satisfact[ory]." Plaintiff was ... disciplinary action. The office policy required clerical workers in plaintiff's office to speak directly with Pursell "prior to the start ... of illness. Employees could be required to provide a physician's report to support an absence after three days if ...

docket:	A0410-05
court:	NJ Superior Court Appellate Division
decided:	2007-01-16
status:	unpublished
citation:
Document Size:	94455

51 STATE OF NEW JERSEY v. GARY HOLMES -- rank: 575

... January 18, 2007 - Decided February 16, 2007 Before Judges C. S. Fisher and Yannotti. On appeal from the Superior Court of ... Camden County indictment with aggravated assault, second degree, N.J.S.A. 2C:39-4d (count three); and unlawful possession of a weapon, N.J.S.A. 2C:39-5d (count four). Tried to a jury ... Nicole Young (Young) resided in the house adjacent to Bethea's neighbor. Bethea recounted that, between 4:00 and 5:00 ... the person she saw strike Young. Bethea said that Young's shirt was torn, and it was hanging from her waist ... opened the door and helped Young into the house. Bethea's children were awakened by the noise. She asked her ...

docket:	A1952-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-16
status:	unpublished
citation:
Document Size:	44195

52 STATE OF NEW JERSEY v. KEVIN CAREY, a/k/a KEVIN M. CAREY KEVIN MARK CAREY, KEVIN ODOM KEVIN OMON -- rank: 572

... of a controlled dangerous substance (CDS), contrary to N.J.S.A. 2C:35-10(a)(1) (count one); third-degree ... possession with intent to distribute CDS, contrary to N.J.S.A. 2C:35-5(a)(1) and (b)(3); and ... within 1000 feet of a school, contrary to N.J.S.A. 2C:35-7, as well as the resulting six ... kept a little distance, watched their hands, you know. It's a dangerous . . . kind of call that you're dealing with ... map of Camden to demonstrate that the area of Carey's arrest, the intersection of Newport and Thurman Streets, was within ... outlined above. Investigator Matthew McKeown of the Camden County Prosecutor's Office was "qualified as an expert in the field ...

docket:	a3751-07
court:	NJ Superior Court Appellate Division
decided:	2010-07-26
status:	unpublished
citation:
Document Size:	35993

53 STATE OF NEW JERSEY v. EDUARDO MCLAUGHLIN -- rank: 570

... no reversible error in the jury instructions. We affirm defendant's convictions. I On the night of June 3, 2004, police ... to contact Thong by cell phone. Six days later, Thong's decomposed body was found in brush near a highway in ... three men with purposeful murder, in violation of N.J.S.A. 2C:5-2. Defendant was tried separately over nine ... 2004, the victim Thong drove to Philadelphia in his sister's van to cash checks at a check cashing store. He ... each other in school and had resumed contact recently. Thong's cell phone records revealed calls on various dates to and from a cell phone belonging to defendant's mother and used by defendant. Several calls had occurred ...

docket:	a3679-06
court:	superior court appellate division
decided:	2009-09-08
status:	unpublished
citation:
Document Size:	131098

54 STATE OF NEW JERSEY v. MICHAEL A. MALTESE -- rank: 570

... second-degree passion provocation manslaughter (Michael J. Maltese), N.J.S.A. 2C:11-4b(1)-(2); first-degree murder (Kathleen Maltese), N.J.S.A. 2C:11-3a(1-2); two counts of third-degree hindering prosecution, N.J.S.A. 2C:29-3b(1); third-degree theft by unlawful taking, N.J.S.A. 2C:20-3; third-degree fraudulent use of a credit card, N.J.S.A. 2C:21-6h; fourth-degree tampering with evidence, N.J.S.A. 2C:28-6(1); fourth-degree false swearing, ...

docket:	a5323-10
court:	NJ Superior Court Appellate Division
decided:	2013-11-08
status:	unpublished
citation:
Document Size:	46959

55 STATE OF NEW JERSEY v. ALTURIK FRANCIS -- rank: 570

... 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

56 STATE OF NEW JERSEY v. TIQUAN WHITEHURST -- rank: 567

... knowing murders of Joseph Cox and Charles Jackson, N.J.S.A. 2C:11-3(a)(1) and (2) (Counts One ... Two); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (Count Three); and second-degree ... possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (Count Four). Prior to sentencing ... for imposition of an extended term pursuant to N.J.S.A. 2C:43-6(c) and N.J.S.A. 2C:44-3(d) (the Graves Act). For the ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On Count Three, the ...

docket:	a5035-08
court:	NJ Superior Court Appellate Division
decided:	2012-01-06
status:	unpublished
citation:
Document Size:	36689

57 STATE OF NEW JERSEY v. JANEAN OWENS -- rank: 564

... conviction for first-degree aggravated manslaughter, contrary to N.J.S.A. 2C:11-4(a); third-degree conspiracy to commit theft by unlawful taking, contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-3; two counts of theft by unlawful taking, contrary to N.J.S.A. 2C:20-3; second-degree possession of a weapon for unlawful purposes, contrary to N.J.S.A. 2C:39-4(a); third-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(b); and fourth-degree certain ...

docket:	a0803-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-04
status:	unpublished
citation:
Document Size:	116181

58 STATE OF NEW JERSEY v. JERMAINE SMITH-ECHEVARRIA -- rank: 564

... Smith-Echevarria was convicted of second-degree robbery, N.J.S.A. 2C:15-1, and third degree resisting arrest, N.J.S.A. 2C:29-2(a)(3). Defendant moved for a ... 20-1. The judge denied both motions, granted the State's motion for imposition of an extended term, and imposed a ... a bystander, later identified as Chris Conte, gestured towards defendant's location. Aldana told Conte he had been robbed by defendant ... ten to fifteen minutes. Although he did not observe defendant's face during the initial attack, he did see it clearly ... dude -- actually, I guess, (indiscernible) the black dude and he's actually right on the corner of Livingston and -- THE ...

docket:	a6150-08
court:	NJ Superior Court Appellate Division
decided:	2011-10-31
status:	unpublished
citation:
Document Size:	41515

59 STATE OF NEW JERSEY v. WILLIAM D. BROWN -- rank: 556

... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. They appeal from the judgments ... an indictment charging defendants with first-degree murder, N.J.S.A. 2C:11-3(a)(2); N.J.S.A. 2C:2-6 (count one); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3); N.J.S.A. 2C:2-6 (count two); first-degree robbery, N.J.S.A. 2C:15-1 and N.J.S.A. ...

docket:	a4898-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-01
status:	unpublished
citation:
Document Size:	66770

60 STATE OF NEW JERSEY v. SEAN TALIAFERRO -- rank: 556

... 2006, defendant was convicted of second-degree robbery, N.J.S.A. 2C:29-2b. The court imposed a seventeen-year ... Point 1 The trial court should have excluded the victim's out-of-court identification because the identification procedure was impermissibly ... trial. Point 2 Admitting as excited utterances the alleged victim's out-of-court description of the perpetrator and subsequent identification of defendant was erroneous and violated defendant's confrontation rights. Point 3 The Court should vacate defendant's robbery conviction because admitting the victim's videotaped testimony unfairly prejudiced defendant. Point 4 The prosecutor' ...

docket:	a6012-05
court:	njappellate
decided:	2008-01-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	74271