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1846 STATE OF NEW JERSEY v. LEON CLARK -- rank: 444

... each of first-degree attempted murder, N.J.S.A. 2:5-1 and 2C:11-3 (counts one, five, and ... third-degree resisting arrest, N.J.S.A. 2C:29-2 (count sixteen). Prior to the trial, the judge granted the ... PROTECTION OF THE PUBLIC WAS NOT MADE BY A JURY; (2) THE SENTENCES IN EXCESS OF THE PRESUMPTIVE TERM VIOLATE BLAKELY ... Ordinary Term . 1. The Impropriety of Judicially Rewriting the Statutes . 2. A Remand for a Jury Trial on the Aggravating Factors ... deprived defendant of a fair trial." See State v. Frost , 158 N.J. 76 , 83 (1999). Prosecutors are afforded broad latitude ... Jersey , 346 U.S. 825 , 74 S. Ct. 44 , 98 L. Ed. 350 (1953). First, defendant alleges that the prosecutor ...

docket:	a6118-02
court:	njappellate
decided:	2006-02-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	66496

1847 STATE OF NEW JERSEY v. ALEEM MALLARD -- rank: 444

... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a), and acquitted of first-degree robbery, N.J.S ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). However, we make the following brief comments. There was no ... denied , 364 U.S. 943 , 81 S. Ct. 464 , 5 L. Ed.2d 374 (1961). There was no evidence that a witness ... U.S. 431 , 444, 104 S. Ct. 2501 , 2509, 81 L. Ed.2d 377 , 387 (1984). "If the State can ...

docket:	a4703-13
court:	NJ Superior Court Appellate Division
decided:	2017-05-15
status:	unpublished
citation:
Document Size:	33713

1848 STATE OF NEW JERSEY v. KALEE COLEMAN a/k/a KHALEE COLEMAN -- rank: 444

... KHALEE COLEMAN MUHAMMAD, Defendant-Appellant. ____________________________ July 14, 2010 Argued March 2, 2010 - Decided Before Judges Fuentes, Gilroy and Simonelli. On appeal ... decision that denied his petition for post-conviction relief (PCR). 2 We affirm in part, reverse in part, and remand for ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and to a three-year term of parole supervision upon ... by failing to offer a plea bargain. Counsel further argued: 2) defendant was denied effective assistance of appellate counsel because the ... Jersey , 530 U.S. 466 , 120 S. Ct. 2348 , 147 L. Ed.2d 435 (2000). On December 18, 2008, the trial ...

docket:	a3049-08
court:	NJ Superior Court Appellate Division
decided:	2010-07-14
status:	unpublished
citation:
Document Size:	30203

1849 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 444

... N.J. 505 (2009), cert. denied , ___ U.S. ___, ___ S. Ct. ___, ___ L. Ed.2d ___ (2010) ( V.M. ). On that appeal, we concluded that ... 1995. B.G. was self-employed as a limousine driver. 2 V.M. has a bachelor's degree in communications and ... was placed in her current pre-adoption home on April 2, 2007, and on April 25, 2007, DYFS filed an order ... a relationship with her boyfriend, moving in with her parents 2 months ago who are not supportive, and also needing to ... thought to check [J.M.G.'s] diaper during the 2 hour visit and [B.G.] continued to have difficulty ...

docket:	a3336-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	Published
citation:
Document Size:	150349

1850 STATE OF NEW JERSEY v. PAUL GONZALEZ-ORTEGA -- rank: 444

... for appellant (Alison Perrone, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Elizabeth R. Rebein ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and receive a concurrent eighteen-month sentence for the fourth ... U.S. 668, 687, 104 S. Ct 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). Consequently, the judge denied the PCR ... supra , 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), adopted by our Supreme Court in ...

docket:	a1114-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-29
status:	unpublished
citation:
Document Size:	24937

1851 STATE OF NEW JERSEY v. DANNY J. PIRES -- rank: 444

... with a deadly weapon, N.J.S.A. 2C:18-2; third-degree aggravated assault, N.J.S.A. 2C:12-1b(2); third-degree aggravated assault, N.J.S.A. 2C:12b ... were not raised during defendant's trial. 1 See R. 2:10-2. Under that standard, a conviction will be reversed only if ... denied , 528 U.S. 1052 , 120 S. Ct. 593 , 145 L. Ed.2d 493 (1999), overruled in part on other grounds ...

docket:	a3812-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-30
status:	unpublished
citation:
Document Size:	31581

1852 STATE OF NEW JERSEY v. ZHOU-SONG NI -- rank: 444

... 93. Stacey Van Malden (Goldberger & Dubin) attorney for appellant. John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... charges: second-degree burglary, N.J.S.A. 2C:18-2 (count one); first-degree robbery, N.J.S.A. 2C ... on May 11, 2005. On May 17, 1993, at approximately 2:00 a.m., Patrolman Careccio, who had been a police ... point in time? A. Well, at this point it was 2 to 1, I was out-numbered and I was awaiting ... denied , 414 U.S. 876 , 94 S. Ct. 83 , 38 L. Ed.2d 121 (1973). B ut see Maryland , supra , 167 ...

docket:	A3218-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-28
status:	unpublished
citation:
Document Size:	75840

1853 STATE OF NEW JERSEY v. JOSEPH R. FOLEY -- rank: 444

... Release Act (NERA), N.J.S.A. 2C:43-7.2. All appropriate fees and assessments were also imposed. Defendant appeals his conviction and sentence. We affirm. At approximately 2:30 a.m. on March 11, 2003, Misha Johnson, on ... Township Police Department responded to the scene, arriving at approximately 2:40 a.m. Although Johnson was upset and crying when ... we review the argument under the "plain error" standard. R . 2:10-2. Although we agree there was no need for Detective Neste ... U.S. 36 , 68-69, 124 S. Ct. 1354 , 1374, 158 L. Ed 2 d , 177, 203 (2004). A defendant' ...

docket:	a5922-04
court:	njappellate
decided:	2006-12-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	50938

1854 STATE OF NEW JERSEY v. RICHARD WHATLEY -- rank: 444

... provocation manslaughter, N.J.S.A. 2C:11-4(b)(2), and second-degree unlawful possession of a handgun, N.J ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the manslaughter conviction. He imposed a consecutive eight-year ... Brown , 190 N.J. 144, 160 (2007) ("Plain error . . . is [l]egal impropriety in the charge prejudicially affecting the substantial rights ... 2012), cert. denied , ___ U.S. ___, 133 S. Ct. 1504, 185 L. Ed. 2d 558 (2013), they occupy a special position in our ... just conviction." Ibid. (quoting State v. Smith , 167 N.J. 158 , 177 (2001)). Even if the prosecutor exceeds the bounds ...

docket:	a5592-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-31
status:	unpublished
citation:
Document Size:	48186

1855 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 444

... N.J. 505 (2009), cert. denied , ___ U.S. ___, ___ S. Ct. ___, ___ L. Ed.2d ___ (2010) ( V.M. ). On that appeal, we concluded that ... 1995. B.G. was self-employed as a limousine driver. 2 V.M. has a bachelor's degree in communications and ... was placed in her current pre-adoption home on April 2, 2007, and on April 25, 2007, DYFS filed an order ... a relationship with her boyfriend, moving in with her parents 2 months ago who are not supportive, and also needing to ... thought to check [J.M.G.'s] diaper during the 2 hour visit and [B.G.] continued to have difficulty ...

docket:	a2649-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	unpublished
citation:
Document Size:	152443

1856 DANIEL J. ROE v. PLANNING BOARD OF THE BOROUGH OF MONTVALE -- rank: 444

... Court of New Jersey, Law Division, Bergen County, Docket Nos. L-3733-13; L-4489-13; and L-8268-14. Thomas J. Cafferty and Nomi I. Lowy argued ... Beattie Padovano, LLC, attorneys; Mr. Del Vecchio, of counsel; Daniel L. Steinhagen, on the brief). Robert T. Regan argued the cause ... the Borough, specifically the lands identified as Block 2802, Lots 2 and 3; and Block 1002, Lots 3 and 5. The ... a quid pro quo basis in violation of the MLUL; (2) Ordinance 2013-1374 is arbitrary, capricious and unreasonable because ...

docket:	a3564-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-10
status:	unpublished
citation:
Document Size:	62502

1857 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 444

... N.J. 505 (2009), cert. denied , ___ U.S. ___, ___ S. Ct. ___, ___ L. Ed.2d ___ (2010) ( V.M. ). On that appeal, we concluded that ... 1995. B.G. was self-employed as a limousine driver. 2 V.M. has a bachelor's degree in communications and ... was placed in her current pre-adoption home on April 2, 2007, and on April 25, 2007, DYFS filed an order ... a relationship with her boyfriend, moving in with her parents 2 months ago who are not supportive, and also needing to ... thought to check [J.M.G.'s] diaper during the 2 hour visit and [B.G.] continued to have difficulty ...

docket:	a3342-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	Published
citation:
Document Size:	150349

1858 STATE OF NEW JERSEY v. RICARDO M. SUDLOW -- rank: 444

... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). PER ... degree eluding an officer, N.J.S.A. 2C:29-2(b); third-degree aggravated assault on a police officer, N ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a). The jury acquitted defendant of second-degree aggravated assault ... denied , 525 U.S. 1114 , 119 S. Ct. 890 , 142 L. Ed.2d 788 (1999)). Accordingly, we are satisfied that the trial ... crime if: (1) "it 'directly proves' the charged offense," or (2) the uncharged act was "performed contemporaneously with the charged ...

docket:	a1082-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-18
status:	unpublished
citation:
Document Size:	40373

1859 STATE OF NEW JERSEY v. TROY SWINT -- rank: 444

... excited utterance pursuant to N.J.R.E. 803(c)(2). She then testified, without objection, that the victim said "Rajhon ... the testimony pursuant to  N.J.R.E. 803(c)(2). The judge directed the prosecutor to lay the appropriate foundation ... Washington , 466 U.S. 668 , 104 S. Ct. 2052, 80 L. Ed.2d 674 (1984), which was later adopted by the New ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). The necessity of an evidentiary hearing ...

docket:	a5545-05
court:	njappellate
decided:	2008-07-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	57083

1860 State v. Michael Taffaro -- rank: 444

... the trial court’s questioning of defendant was improper; and (2) whether the prosecutor violated defendant’s right to remain silent ... on whether the jury believes the defendant. (pp. 9-11) 2. The outcome of this trial depended largely on whether the ... A. Foddai , Assistant Prosecutor, argued the cause for respondent ( John L. Molinelli , Bergen County Prosecutor, attorney). CHIEF JUSTICE RABNER delivered the ... in tone, and non-demeaning. Although the exchange “diminish[ed] the weight of defendant’s testimony,” the panel concluded ... the trial court’s questioning of defendant was improper; and (2) whether the prosecutor violated defendant’s right to remain silent ... ” Guido , supra , 40 N.J. at 208-09 n.2. Questions of that sort may express incredulity and prejudice ...

docket:	a-8-07
court:
decided:	2008-07-01
status:
citation:	195 N.J. 442
Document Size:	61111