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1576 STATE OF NEW JERSEY v. STEVEN BRIMAGE -- rank: 465

... degree resisting arrest, N.J.S.A. 2C:29-2a(2) (Count Four). We affirm. Officers William Contreras and Thierry Mark ... of seven years with forty-two months of parole ineligibility. 2 On appeal, defendant argues the following points: POINT I THE ... sufficient merit to warrant discussion in a written opinion." R. 2:11-3(e)(2). I. We reject defendant's first argument that the assistant ... 211 N.J. 394 , 409 (2012) (quoting State v. Frost , 158 N.J. 76 , 83 (1999)). In making this assessment, we ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001)). The prosecution's duty to ...

docket:	a6284-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-15
status:	unpublished
citation:
Document Size:	39661

1577 STATE OF NEW JERSEY v. PETER TRIESTMAN -- rank: 465

... Argued: January 27, 2010 – Decided: Before Judges Cuff, C.L. Miniman and Waugh. On appeal from the Superior Court of ... The prosecutor then read N.J.S.A. 2C:14-2, which outlines sexual-assault offenses. The prosecutor next recited N ... statute on criminal restraint, N.J.S.A. 2C:13-2. The grand-jury hearing for this case was held on December 2, 2008. The prosecutor began by saying: "By way of complaint ... filed a notice of motion seeking to dismiss the indictment. 2 Defendant argued that the indictment should be dismissed because the ... the facts were presented to the grand jury on December 2, 2008. Second, on the alleged absence of any physical ...

docket:	a6408-08
court:	superior court appellate division
decided:	2010-01-27
status:	published
citation:	416 N.J. Super. 195 3 A.3d 634
Document Size:	81969

1578 STATE OF NEW JERSEY v. LISANDRO THEN-MENDEZ -- rank: 465

... 2C:12-1b(1) and N.J.S.A. 2C:2-6 (count one); second-degree aggravated assault on Alex Perez ... 2C:12-1b(1) and N.J.S.A. 2C:2-6 (count two); and third-degree possession of a weapon ... on seventeen dates between May 31 and June 23, 2006. 2 The jury convicted Then of the lesser-included offense of ... They went to where they knew Perez and McDonald "chill[ed] out" and parked their car around the corner. Perez had ... right to challenge the instruction on appeal. R. 1:7-2; State v. Afanador , 151 N.J. 41 , 54 (1997). "A ... error clearly capable of producing an unjust result." Ibid. ; R. 2:10-2. Put another way, erroneous instructions in criminal ...

docket:	a1790-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-31
status:	Published
citation:
Document Size:	112464

1579 STATE OF NEW JERSEY v. MILTON CONTRERAS et al. -- rank: 465

... degree conspiracy, contrary to N.J.S.A. 2C:5-2 (count one); third degree unlawful possession of a controlled dangerous ... officers first observed defendants Contreras and Diaz and their companion, L.S., in New York Penn Station. Defendants seemed to be ... uniformed Amtrak officers who were patrolling the station. See footnote 2 L.S. appeared to be "agitated at the fact that the ... one another as they observed defendants. Officer Williams believed that L.S. "seemed to be particularly relieved that they were on ... with" Contreras, Hestor spoke to Diaz, and Williams spoke with L.S. West informed Contreras of the problems with passengers ...

docket:	a3707-98
court:	njappellate
decided:	1999-12-16
status:	published
citation:	326 N.J.Super. 528
Document Size:	31803

1580 STATE OF NEW JERSEY v. S.P. -- rank: 465

... counselor notified the Division of Youth and Family Services (DYFS), 2 which then placed C.A. and J.P. in various ... Release Act (NERA), N.J.S.A. 2C:43-7.2, parole supervision for life (PSL), and Megan's Law, N ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989). Against this standard, we conclude the trial ... error standard because defendant did not object at trial. R. 2:10-2. "Under that standard, '[a] reviewing court may reverse on ...

docket:	a3331-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-04
status:	unpublished
citation:
Document Size:	48146

1581 STATE OF NEW JERSEY v. KEYSHON T. SOWELL -- rank: 465

... including: second-degree burglary, N.J.S.A. 2C:18-2 (count one); nine counts of first and second-degree robbery ... warrant to conduct a further search of the two vehicles. 2 All five defendants apparently filed motions to suppress arising out ... Gonzalez identified himself and commanded them to stop, they "bolt[ed]" in different directions and the officers gave chase. Once Gonzalez ... Yes. [Counsel]: And your conduct that you described for Count 2 involved that conduct regarding all people that were there. Is ... U.S. 491 , 497, 103 S. Ct. 1319 , 1324, 75 L. Ed.2d 229 , 236 (1983)). Such encounters are known as ...

docket:	a3568-09
court:	NJ Superior Court Appellate Division
decided:	2013-10-08
status:	unpublished
citation:
Document Size:	57892

1582 STATE OF NEW JERSEY v. JUAN CONTRERAS -- rank: 465

... 12(a)(1) should be relaxed due to excusable neglect; (2) defendant was denied the effective assistance of counsel because his ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our Supreme Court ... U.S. at 686, 104 S. Ct. at 2063, 80 L. Ed. 2d at 692). To show that he or she was ... S. at 687-88, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. In addition, the defendant "must ...

docket:	a5843-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-13
status:	unpublished
citation:
Document Size:	36134

1583 STATE OF NEW JERSEY v. PAULINO NJANGO -- rank: 465

... 1, or diminished capacity, N.J.S.A. 2C:4-2. We reverse and remand for an evidentiary hearing. In November ... 1); second-degree burglary, N.J.S.A. 2C:18-2; third-degree terroristic threats, N.J.S.A. 2C:12 ... Release Act (NERA), N.J.S.A. 2C:43-7.2. During the brief plea colloquy, defendant said he understood the ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984)). The defendant also must demonstrate prejudice ... U.S. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698); State v. Hess , 207 N. ...

docket:	a0073-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-06
status:	unpublished
citation:
Document Size:	26802

1584 STATE OF NEW JERSEY v. EUGENE LAVERGNE -- rank: 462

... We have condensed Point I for clarity. A-3210-14T2 2 POINT II: THE TRIAL COURT DEPRIVED [DEFENDANT] OF HIS SIXTH ... of the Trust of James Fowler, replacing Mary Beth Greenhalgh. 2 The second July 2009 order also directed 'the moving party ... costs, pursuant to N.J.S.A. 3B:14-24 2 In an order dated August 22, 2008, the court had ... Judge Cavanagh. A-3210-14T2 5 and Rule 4:24-2. The August 2009 order also stated that '[t]he amount ... the monies in the account now with Mr. Parsons, belong[ed] to the Estate and the balance of monies [were] in ... insufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Suffice it to say that ...

docket:	a3210-14
court:	NJ Superior Court Appellate Division
decided:	2018-11-07
status:	Unpublished
citation:
Document Size:	76805

1585 RobertSipko v. Koger, Inc. -- rank: 462

... 38/102-11) (068417) Argued January 3, 2013 -- Decided July 2, 2013 PATTERSON , J., writing for a unanimous Court. In this ... his 1.5 percent interest in Koger. (pp. 14-18) 2. The parties agree that Robert surrendered his stock in KDS ... for proceedings consistent with this opinion. CHIEF JUSTICE RABNER, JUSTICES L a Vecchia and ALBIN, and JUDGE RODRÍGUEZ (temporarily assigned ... and Cross-Appellants. Argued January 3, 2013 – Decided July 2, 2013 On certification to the Superior Court, Appellate Division. Michael ... preexisting entities into Koger, a New Jersey “S” corporation. 2 Initially, George and Piringer were Koger’s only employees, with ... N.J. Super. 351, 375 (App. Div. 1998), certif. denied , 158 N.J. 73 -74 (1999), the panel concluded that ...

docket:	A-102-11
court:	NJ Supreme Court
decided:	2013-07-02
status:
citation:	214 N.J. 364 70 A.3d 512
Document Size:	79088

1586 IN THE MATTER OF THE ESTATE OF DAVID B. MADDEN, DECEASED -- rank: 462

... OF THE ESTATE OF DAVID B. MADDEN, DECEASED _______________________________________________________________ Argued June 2, 2010 - Decided Before Judges Carchman, Lihotz and Ashrafi. On appeal ... another meeting with Gaynor, decedent valued the Pemaquid stock at $2-3 million. However, Gaynor stated that, at that meeting, decedent ... was responsible for its approximately $1 million mortgage and "incurr[ed] a lot of debt on the building over the past ... million and $10 million, and Pemaquid had earned approximately $6.2 million in gross income in 2002, approximately $1.2 million in 2003 and, as of the time of filing ... a separate lawsuit against Cunningham Lindsey, U.S., Inc. (C-L), of which decedent's Estate collected $275,000, and ...

docket:	a5673-08
court:	superior court appellate division
decided:	2010-08-18
status:	unpublished
citation:
Document Size:	85032

1587 GLENN DISTRIBUTORS CORPORATION v. K.I.D. INTERNATIONAL, INC -- rank: 462

... in the opinion issued by Judge Joseph P. Quinn. R. 2:11-3(e)(1)(A). The facts are largely undisputed ... 2014 invoice included the terms: "Net F.O.B. Philadelphia." 2 Plaintiff asserted defendant picked-up the goods from plaintiff's ... S. 462 , 474-76, 105 S. Ct. 2174 , 2183, 85 L. Ed.2d 528 , 541-43 (1985); see also Kubik v. Letteri ... U.S. at 478, 105 S. Ct. at 2185, 85 L. Ed. 2d at 545 (Rejecting the application of "mechanical test" ...

docket:	a0455-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-31
status:	unpublished
citation:
Document Size:	26136

1588 STATE OF NEW JERSEY v. GARY SAYERS -- rank: 462

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1 (count one); first-degree robbery, N ... six); second-degree burglary, N.J.S.A. 2C:18-2 (counts seven, eight); third-degree criminal restraint, N.J.S.A. 2C:13-2 (counts nine, ten, eleven, twelve, thirteen); fourth-degree aggravated assault ... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1 (count twenty-five); first-degree robbery ... aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count twenty-eight); fourth-degree aggravated assault, N.J.S ... thirty); second-degree burglary, N.J.S.A. 2C:18-2 (count thirty-one, thirty-two); second-degree possession of ...

docket:	a2379-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	31380

1589 IN RE SUBSTANTIVE CERTIFICATION OF BLAIRSTOWN TOWNSHIP -- rank: 462

... the introduction of legislation designed to significantly revamp the FHA.2 See In re Adoption of N.J.A.C. 5 ... Cnty. NAACP v. Twp. of Mount Laurel, 92 N.J. 158 (1983)(Mount Laurel II); S. Burlington Cnty. NAACP v. Twp ... denied, 423 U.S. 808, 96 S. Ct. 18, 46 L. Ed. 2d 28 (1975)(Mount Laurel I). 2 Blairstown has not filed a brief and relies upon the brief filed and argument presented by COAH. 2 A-6355-08T3 I. On July 17, 2008, the ...

docket:	a6355-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-22
status:	unpublished
citation:
Document Size:	34573

1590 ESTATE OF MICHAEL DeMARTINO v. DIVISION OF MEDICAL ASSISTANCE et al. -- rank: 462

... by the trustee on certain conditions. The will provided: 3.2.1.1.1. Income - My Trustee shall pay to or ... the net income, in quarterly or other convenient installments. 3.2.1.1.2 Principal - My Trustee shall pay to or apply for the ... claim pursuant to N.J.S.A. 30:4D-7.2. The Division informed the Estate of the procedures that could ... U.S 154 , 156, 106 S.Ct 2456 , 2458, 91 L.Ed 2 d 131, 137 (1986)). The Federal Government shares ...

docket:	A2807-02
court:	NJ Superior Court Appellate Division
decided:	2004-11-10
status:	published
citation:	373 N.J. Super. 210 861 A.2d 138
Document Size:	36480