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76 STATE OF NEW JERSEY v. SHIRLEY PERKINS -- rank: 510

... of second-degree passion/provocation manslaughter, contrary to N.J.S.A. 2C:39-5d. After merging the fourth-degree weapons ... bar under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2a, plus a concurrent five-year ... for resentencing in accordance with case law developed after defendant's February 2005 sentencing. I. The underlying incident that led to defendant's prosecution involved an altercation on the streets of Newark on ... 2002, defendant and another woman, April Williams, were at Murphy's Tavern. On that occasion Shelton, another frequent patron of the establishment, left her pocketbook there. The pocketbook contained Shelton's cell phone. Either defendant or Williams took the pocketbook ...

docket:	a6020-04
court:	njappellate
decided:	2007-05-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	100823

77 STATE OF NEW JERSEY v. BRIAN HOLMES -- rank: 510

... Law Division, Union County, Indictment No. 07-06-0529. Jeffrey S. Mandel argued the cause for appellant (PinilisHalpern, LLP, attorneys; Mr ... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (count one); first-degree ... possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(1) (count ... two); two counts of fourth-degree falsifying records, N.J.S.A. 2C:21-4(a) (counts four and nine); second-degree theft, N.J.S.A. 2C:20-3(a) (count five); and three counts of second-degree official misconduct, N.J.S.A. 2C:30-2(a) (counts six, eleven, and ...

docket:	a3199-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	unpublished
citation:
Document Size:	70625

78 STATE OF NEW JERSEY v. GREGORY EZEKIAN, JR -- rank: 510

... 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

79 STATE OF NEW JERSEY v. DAVID J. COURSEN -- rank: 505

... trial, of second-degree vehicular homicide, contrary to N.J.S.A. 2C:11-5, and the sentence imposed. We affirm ... Decker and defendant left the bar and drove to Decker's home so that she could retrieve her purse. Decker changed ... be driving. Defendant replied that they had come in Decker's car, thereby leaving the impression he would not be driving ... her sister for a ride home; however, defendant grabbed Decker's keys and said, "I'm driving. Get in the back ... that she did not notice any visual sign of defendant's intoxication because she "was drunk." Rude sat in the front ... and Decker sat in the back, as defendant drove Decker's car out of the bar's parking lot. Rude ...

docket:	a1202-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	39670

80 STATE OF NEW JERSEY v. ANTHONY T. POLLARD -- rank: 502

... conviction for one count of second-degree robbery, N.J.S.A. 2C:15-1 and the nine-year custodial sentence ... like a male. Hernandez approached her and blurted out "that's them." The male was later identified as defendant, Anthony Pollard ... conducted the follow-up investigation during which she retrieved defendant's jeans and steel-toe Timberland boots because she believed she ... to be blood on these items. She also photographed Hernandez's injuries and defendant's hands, where she noticed that his knuckles on his left ... Hansen, a forensic scientist, testified that a stain on defendant's jeans tested positive for human blood and the DNA ...

docket:	a2759-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-23
status:	unpublished
citation:
Document Size:	25773

81 STATE OF NEW JERSEY v. TIMYAN CABBELL STATE OF NEW JERSEY - v. JOHN CALHOUN - -- rank: 502

... 4, 2004. Detective William Mannix of the Union County Prosecutor's Office visited several addresses in an attempt to locate Ms ... vehicle facing the building. He then went back to Tullo's apartment. While talking to Tullo, the door to apartment 2A ... in Newark. Officer Kevin Buckley of the Union County Sheriff's Office Crime Unit and other unit officers examined the vehicle ... being shot. Subsequently, officers examined the outside of Ms. Selgado's building and discovered that five bullets had struck the outside ... up, were shooting. She said one was on the driver's side about half way out of the car, and the ... they were wearing or if the man on the driver's side of the car was shooting. Ms. Berry said ...

docket:	a3069-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-11-02
status:	unpublished
citation:
Document Size:	54699

82 STATE OF NEW JERSEY - v. JOHN CALHOUN - -- rank: 502

... 4, 2004. Detective William Mannix of the Union County Prosecutor's Office visited several addresses in an attempt to locate Ms ... vehicle facing the building. He then went back to Tullo's apartment. While talking to Tullo, the door to apartment 2A ... in Newark. Officer Kevin Buckley of the Union County Sheriff's Office Crime Unit and other unit officers examined the vehicle ... being shot. Subsequently, officers examined the outside of Ms. Selgado's building and discovered that five bullets had struck the outside ... up, were shooting. She said one was on the driver's side about half way out of the car, and the ... they were wearing or if the man on the driver's side of the car was shooting. Ms. Berry said ...

docket:	a6015-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-11-02
status:	Published
citation:
Document Size:	52637

83 STATE OF NEW JERSEY v. ANTWAN MITCHELL -- rank: 499

... first-degree purposeful or knowing murder contrary to N.J.S.A. 2C:15-2 (count four); third-degree unlawful ... Sixth Amendment Right To Confront The Declarant. POINT IV - MITCHELL'S CONVICTION MUST BE REVERSED BECAUSE IT WAS BASED ON AN ... B. When Viewed Under The Totality Of The Circumstances Mitchell's Confession Was Involuntary. 1. Use Of Deceit. 2. Length And Lateness Of Interrogation. 3. Questioning Mitchell's Belief In God. 4. Mitchell's Confession Was In-voluntary Under The Totality Of The Circumstances ... To Establish Indepen-dent Proof Of The Trustworthiness Of Mitchell's Confession. POINT V - MITCHELL'S CONVICTION WAS TAINTED BY ...

docket:	A0268-04
court:	NJ Superior Court Appellate Division
decided:	2007-07-23
status:	unpublished
citation:
Document Size:	62496

84 STATE OF NEW JERSEY v. R.F -- rank: 494

... between July 1, 2003 and July 31, 2003, N.J.S.A. 2C:24-4a (count five). Following a trial, a ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:7-1 to -19. On appeal, defendant raises ... THE TRIAL COURT ABUSED ITS DISCRETION IN ADMITTING THE DEFENDANT'S PURPORTED OUT-OF-COURT STATEMENT, "K.F. DOES IT ALL ... TIME," AS A DECLARATION AGAINST INTEREST. POINT III - THE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS PREJUDICED BY COMMENTS MADE ... NOT RAISED BELOW). POINT IV - THE PROSECUTOR VIOLATED THE DEFENDANT'S DUE PROCESS RIGHT UNDER THE FIFTH AMENDMENT AND THE DEFENDANT'S RIGHT TO CONFRONTATION UNDER THE SIXTH AMENDMENT BY INTENTIONALLY ...

docket:	a1604-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-15
status:	unpublished
citation:
Document Size:	102449

85 STATE OF NEW JERSEY v. SAMUEL E. BELL -- rank: 483

... heroin) on July 20, 2006, in violation of N.J.S.A. 2C:29-1 (count two); and fourth-degree tampering ... obliged to "uphold the factual findings underlying the trial court's decision so long as those findings are supported by substantial ... 224 , 243 (2007) (quotation omitted). In this case, the court's findings are fully supported by the evidence and there is ... to disturb them. The court not only credited Officer Bard's testimony but also found that defendant was "evasive" and not ... J. 601 , 612 (2007). We are satisfied the trial court's findings are supported by sufficient credible evidence in the record, and the court did not err in denying defendant's motion to suppress. In his second point, defendant contends ...

docket:	a3604-07
court:	superior court appellate division
decided:	2009-07-16
status:	unpublished
citation:
Document Size:	37334

86 STATE OF NEW JERSEY v. QUAYSHAWN MACK -- rank: 483

... 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

87 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. JASON PETTIS -- rank: 467

... for appellant (William Welaj, Designated Counsel, on the brief). Christopher S. Porrino, Attorney General, attorney for respondent (Arielle E. Katz, Deputy ... jury convicted defendant of second-degree aggravated assault, N.J.S.A. 2C:12-1b(1), as a lesser-included offense of first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3a(1) or (2) (count one); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (count two); and second- degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three). In a ...

docket:	a1137-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-13
status:	unpublished
citation:
Document Size:	29886

88 STATE OF NEW JERSEY v. TERRI BAILEY -- rank: 462

... the judgment of conviction and sentence that followed a jury's verdict finding him guilty of second-degree eluding, N.J.S.A. 2C:29-2b, and third-degree resisting arrest, N.J.S.A. 2C:29-2a(2). At sentencing, the judge merged ... the following points for our consideration: POINT I THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW . . . WAS VIOLATED BY THE TRIAL COURT'S INCOMPLETE, ERRONEOUS, AND PREJUDICIAL INSTRUCTION ON THE LAW OF ELUDING. (Not Raised Below). POINT II THE DEFENDANT'S RIGHT[S] TO CONFRONTATION . . . WERE VIOLATED BY THE ADMISSION ...

docket:	A1689-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-01
status:	unpublished
citation:
Document Size:	58736

89 STATE OF NEW JERSEY v. WILLIAM PURNELL -- rank: 459

... 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

90 STATE OF NEW JERSEY v. VERNON SMITH -- rank: 445

... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2., and to a concurrent five ... the sixteen-year prison term it had imposed after defendant's conviction of first-degree robbery on the severed counts of ... following issues: POINT I: THE TRIAL COURT VIOLATED THE DEFENDANT'S RIGHT TO CONFRONTATION BY ADMITTING THE HEARSAY STATEMENT OF THE ... IN THE ABSENCE OF ANY OPPORTUNITY FOR CROSS-EXAMINATION. U.S. CONST ., AMENDS VI, XIV; N.J. CONST . (1947) ART. 1 ... AGAINST THE WEIGHT OF THE CREDIBLE EVIDENCE, NECESSITATING REVERSAL. U.S. CONST ., AMEND XIV; N.J. CONST . (1947), ART 1, PAR ... COURT IMPOSED AN EXCESSIVE SENTENCE, NECESSITATING REDUCTION. We reject defendant's arguments and affirm. On June 10, 2005, the victim, ...

docket:	a0352-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-26
status:	unpublished
citation:
Document Size:	36878