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1576 /usr/local/share/www/libweb/collections/courts/appellate/a5556-17.opn.html -- rank: 465

... attorney; Margaret McLane, of counsel and on the briefs). Meredith L. Balo, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the ... respondent (Lyndsay V. Ruotolo, Acting Union County Prosecutor, attorney; Meredith L. Balo, of counsel and on the brief). PER CURIAM Defendant ... could] rob' and eventually decided to rob a gas station. 2 1 In our separate opinion in the companion appeal filed ... Charles, No. A-1136-17 (App. Div. Dec. 18, 2020). 2 Onyeagoro pled guilty to second-degree conspiracy and turned State's witness. A-5556-17T4 2 The three went forward with the plan. At approximately 2:30 a.m., Onyeagoro distracted the gas station attendant ...

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1577 STATE OF NEW JERSEY v. HAROLD ANTHONY TUCKER -- rank: 465

... degree murder, N.J.S.A. 2C:11-3a(1)(2); second-degree possession of a weapon for an unlawful purpose ... noticed the victim pull a gun out of his pocket. 2 Defendant testified that he heard gun shots, but was "not ... Raised Below). B. During summation the prosecutor improperly and repeat[][ed]ly misstated the facts, placed his personal belief on the ... to an investigator in preparation for her trial testimony; and (2) a copy of the videotape showing the police removing cash ... denied , 507 U.S. 929 , 113 S. Ct. 1306 , 122 L. Ed.2d 694 (1993). A. As to the defendant's ...

docket:	a1398-12
court:	NJ Superior Court Appellate Division
decided:	2015-10-13
status:	unpublished
citation:
Document Size:	50697

1578 STATE OF NEW JERSEY v. KEVIN J. EVANS -- rank: 465

... the brief). PER CURIAM Defendant Kevin Evans appeals the April 2, 2015 order denying his petition for post-conviction relief (PCR ... following facts are contained in the transcripts and the April 2, 2015 opinion of the PCR judge, who was also the ... N.J.S.A. 2C:11-3(a)(1) or (2) (Count One); attempted first-degree murder, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Trial counsel preserved the right to argue for a lower ... sentencing defendant one degree lower on Count One. On May 2, 2011, we reversed because the court did not consider N.J.S.A. 2C:44-1(f)(2), which governs the downgrading of a sentence for a ...

docket:	a5123-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-03
status:	unpublished
citation:
Document Size:	29579

1579 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

1580 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

1581 LOIS DANIELS v. MICHAEL DANIELS et al. -- rank: 465

... Respondents. _____________________________ Argued October 3, 2005 Before Judges Lisa and S.L. Reisner. Reargued October 28, 2005 - Decided Before Judges Coburn, Lisa and S.L. Reisner. On appeal from the Superior Court of New Jersey ... Division, Family Part, Morris County, FD-14-414-04. Christopher L. Garibian, argued the cause for appellant (Salvaggio Garibian, attorneys; Mr. Garibian, on the brief). Alan L. Zegas, argued the cause for respondents (Mr. Zegas and Edward ... brief). The opinion of the court was delivered by S.L. REISNER, J.A.D. This case arises from a complaint ... the Grandparent Visitation Statute (GVS), N.J.S.A. 9:2-7.1. The trial court granted defendants' motion to ...

docket:	a7123-03
court:	njappellate
decided:	2005-11-16
status:	published
citation:	381 N.J. Super. 286
Document Size:	64668

1582 NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES' INSTITUTIONAL ABUSE INVESTIGATION UNIT v. S.P -- rank: 465

... attorneys; Mr. Bucceri, of counsel and on the briefs). Kelley L. Johnston, Deputy Attorney General, argued the cause for respondent in ... by the IAIU violate due process and fundamental fairness; and (2) the conclusion reached by the IAIU must be stricken as ... 4807-06T2, G.W. appeals from a report dated April 2, 2007 in which the IAIU indicated that the allegations against ... questions, replied that he did not know. Student witness, A.L., informed the investigator that "[G.W.] does not hit us ... our head." When questioned about F.R.'s glasses, A.L. explained that they came off of F.R.'s face ... as [G.W.] touched the side of his face." J.L.D., another student, witnessed the incident and reported that ...

docket:	a4807-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-27
status:	Published
citation:
Document Size:	60401

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. 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

1585 STATE OF NEW JERSEY v. CORNELIUS C. UTLEY -- rank: 462

... of third-degree burglary, N.J.S.A. 2C:18-2 (count one); third-degree theft, N.J.S.A. 2C ... two); second-degree eluding, N.J.S.A. 2C:29-2(b) (count five); and three counts of second-degree aggravated ... Release Act (NERA), N.J.S.A. 2C:43-7.2, consecutive to the sentence imposed on count five. Defendant moved ... 3 into the morning hours of May 4. At approximately 2:00 a.m., he observed two vehicles, a white and ... we review the claims under the plain error standard. R. 2:10-2. "In the context of a jury charge, plain error ...

docket:	a3831-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-23
status:	unpublished
citation:
Document Size:	45575

1586 STATE OF NEW JERSEY v. GRACIANO MARTINEZ-ROSALES -- rank: 462

... degree murder, N.J.S.A. 2C:11-3(a)(2); fourth-degree unlawful possession of a weapon, N.J.S ... 1) failing to provide consultation or meaningful communication with defendant; (2) failing to investigate or summon potential witnesses to establish a ... 1) failing to provide consultation or meaningful communication with defendant; (2) failing to prepare an adequate brief; and (3) failing to ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). The judge further determined that defendant ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693, as adopted by our Supreme ...

docket:	a3662-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-21
status:	unpublished
citation:
Document Size:	21895

1587 STATE OF NEW JERSEY IN THE INTEREST OF D.B., a minor -- rank: 462

... and "sometimes" give a weapon to someone else to hide. 2 Steppat testified that he told Dennis to "[j]ust keep ... 1 , 19-21, 88 S. Ct. 1868 , 1879-80, 20 L. Ed.2d 889 , 905-06 (1968) (seizure of a person); State ... otherwise terminate the encounter.'" State v. Tucker , 136 N.J. 158 , 166 (1994) (quoting Florida v. Bostick , 501 U.S. 429 , 439, 111 S. Ct. 2382 , 2389, 115 L. Ed.2d 389 , 402 (1991)). In applying that test, our ...

docket:	a1273-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-11
status:	unpublished
citation:
Document Size:	31917

1588 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

1589 DONG HO LEE v. EUN KYUNG PARK -- rank: 462

... KYUNG PARK, BYUNG CHUN SONG, and MOO GUNG WHA RESTAURANT, L.L.C., Defendants/Third-Party Plaintiffs-Appellants, v. YOUNG HA LEE ... Court of New Jersey, Law Division, Bergen County, Docket No. L-11034-09. Michael S. Kimm argued the cause for appellants ... K. Chong argued the cause for respondent (Michael K. Chong, L.L.C., attorney; Mr. Chong, on the brief). PER CURIAM Defendants ... who was responsible to pay Fierro's outstanding fees of $2,383.32 for his work on transferring the license ...

docket:	a2273-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-27
status:	unpublished
citation:
Document Size:	81728

1590 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