Search Rutgers Law Library N.J. Court Opinions

2626 STATE OF NEW JERSEY v. LONNIE ARRINGTON -- rank: 394

... Early Release Act, N.J.S.A. 2C:43-7.2, granted the State's application for an extended sentence under ... defendant argues the following points: POINT I A-3166-20 2 [DEFENDANT] WAS DEPRIVED OF A FAIR TRIAL BY THE STATE ... a porch while Irish was standing. Irish claimed he 'remember[ed] hearing something,' 'turned around,' and observed defendant 'had a gun ... murder, N.J.S.A. 2C:11-3(a)(1)(2) (count one); second-degree unlawful possession of a weapon, N ... N.J.S.A. 2C:3-(b)(4) (count six). 2 The Trial Detective Ramon Candelaria, Officer Hasan Shah, Detective Joseph ... to the shooting near South Street and Pennsylvania Avenue around 2:50 a.m. and observed a 'male laying in ...

docket:	a3166-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-20
status:	Unpublished
citation:
Document Size:	52756

2627 STATE OF NEW JERSEY v. ROGER PAUL FRYE Before Judges Carchman, Baxter and Nugent On appeal from the Superior Court of New Jersey, Law Division, Camden County, Municipal Appeal No. 43-09 Roger Paul Frye, , -- rank: 394

... without merit and do not require any further discussion. R. 2:11-3(e)(2). We focus our attention on the two extant issues. Both ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... trigger different burdens of proof for the movant[.]" Id. at 158. It underscores that "pre-sentence motions to withdraw a plea ... 1)] . . . the defendant has asserted a [colorable] claim of [innocence; 2)] the nature and strength of the defendant's reason for ... his guilty plea as required pursuant to [ Rule ] 7:6-2(b) . . . . The defendant fails to recognize that he asked ...

docket:	a4290-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-16
status:	unpublished
citation:
Document Size:	45585

2628 STATE OF NEW JERSEY v. DARRYL JOHNSON -- rank: 394

... for an unlawful purpose, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count nine ... to the No Early Release Act (NERA), 2C:43-7.2, and to a three-year period of parole N.J ... upon release. At time of sentencing, defendant A-5201-07T4 2 received 632 days of jail credit on Indictment No. 03 ... Johnson, No. A-6226-05 (February 6, 2007). On February 2, 2007, defendant filed a pro se petition for PCR, contending ... not be granted.' State v. Marshall, 148 N.J. 89, 158 (internal citations omitted), cert. denied, 522 U.S. 850, 118 S. Ct. 140, 139 L. Ed. 2d 88 (1997). Claims of ineffective assistance of ...

docket:	a5201-07
court:	superior court appellate division
decided:	2010-05-12
status:	unpublished
citation:
Document Size:	21532

2629 SHREE ATULYA REALTY, LLC v. JORLINAR SANTOS -- rank: 394

... Court of New Jersey, Law Division, Essex County, Docket No. L-2608-19. Tomas Espinosa, attorney for appellant. Giordano, Halleran & Ciesla ... and June 23, 2020 order denying reconsideration of that order; (2) July 10, 2020 order denying his motion to disqualify counsel ... the purpose of purchasing real property from A-3367-21 2 defendant located in Newark, New Jersey. Bhavna Shah retained Rajan ... 000 seller financing; and the balance due at closing. Section 2.2 of the Agreement addressed the seller financing as follows: [Defendant ... seller financing due to his failure to comply with Section 2.2 of the Agreement, and demanded defendant discharge the ...

docket:	a3367-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-14
status:	Unpublished
citation:
Document Size:	29089

2630 State v. Davon M. Johnson -- rank: 394

... rejected defendant’s application. She relied on State v. Caliguiri, 158 N.J. 28, 43 (1999), which permitted prosecutors to treat ... 3(i) to Rule 3:28 (2014). (pp. 9-11) 2. The penalty structure for violations of N.J.S.A ... to apply the presumption against PTI to second-degree offenders. 158 N.J. at 43. But that decision was based on ... FERNANDEZ-VINA, and SOLOMON join in JUSTICE TIMPONE’S opinion. 2 SUPREME COURT OF NEW JERSEY A- 58 September Term 2017 ... conviction required the imposition of a period of parole ineligibility. 158 N.J. 28, 37-38, 42-43 (1999). We observed ... 7, modifying and relaxing the statute’s sentencing structure. See L. 2009, c. 192, § 1. While maintaining the statute’ ...

docket:	a-58-17
court:	NJ Supreme Court
decided:	2019-05-30
status:
citation:	238 N.J. 119 207 A.3d 1277
Document Size:	38135

2631 STATE OF NEW JERSEY v. GEORGE C. RILEY -- rank: 394

... Luis A. Valentin, Monmouth County Prosecutor, attorney for respondent (Courtney L. Fallon, Assistant Prosecutor, of counsel and on the brief). PER ... 2C:5-1 and N.J.S.A. 2C:14-2(a)(1) (count one); attempted endangerment of the welfare of ... 2C:5-1 and N.J.S.A. 2C:14-2(b) (count three). The court merged the attempted sexual assault ... on our Excessive Sentence Oral Argument calendar pursuant to R. 2:9-11. We affirmed. State v. Riley , No. A-0455 ... Jersey , 549 U.S. 1003 , 127 S. Ct. 514 , 166 L. Ed.2d 383 (2006); Riley v. New Jersey , 534 U. ...

docket:	a4147-08
court:	NJ Superior Court Appellate Division
decided:	2010-04-29
status:	unpublished
citation:
Document Size:	26637

2632 STATE OF NEW JERSEY v. SHAMSID-DEEN KNIGHT -- rank: 394

... JERSEY, Plaintiff-Respondent, v SHAMSID-DEEN KNIGHT, Defendant-Appellant. _____________________________ March 2, 2011 Submitted February 14, 2011 - Decided Before Judges Grall and ... 39-4a; and eluding, N.J.S.A. 2C:29-2. On the second, defendant pled guilty to two counts of ... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1. On direct ... U.S. 668, 689, 104 S. Ct. 2052, 2065, 80 L. Ed. 2d 674, 694 (1984)); see State v. Allegro , 193 N ... U.S. 52, 59, 106 S. Ct. 366, 370, 88 L. Ed. 2d 203, 210 (1985). It is well-established ...

docket:	a0807-09
court:	superior court trial
decided:	2011-03-02
status:	Published
citation:
Document Size:	21230

2633 STATE OF NEW JERSEY v. ROBERT LUZHAK -- rank: 394

... of the law should control." Turner v. First Union Nat'l Bank , 162 N.J. 75 , 84 (1999). Furthermore, if a ... J.S.A. 2C:40-26 was enacted in 2009, L. 2009, c. 333, § 1, the Senate intended to lodge ... S.A. 39:5D-1 to -14, enacted in 1966, L. 1966, c. 73, § 1, states: It is the policy ... each of the jurisdictions where such operators drive motor vehicles. (2)  Make the reciprocal recognition of licenses to drive and eligibility ... 209 N.J. Super. 596 , 602-04 (App. Div. 1986)). 2 In accord with the DLC, following DWI convictions the licensing ... a driver's license, N.J.S.A. 39:5D-2(b)), "shall give the same effect to the conduct ...

docket:	a2445-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-27
status:	published
citation:	445 N.J.Super. 241 137 A.3d 555
Document Size:	31491

2634 . A-0 STATE OF NEW JERSEY v. ANALDO HERNANDEZ May 20 2015 -- rank: 394

... Foddai, Senior Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Foddai, of counsel and ... degree resisting arrest, N.J.S.A. 2C:29-2a(2) (count three). Defendant later was charged under Accusation No. 04 ... on March 30, 2006, the appeal was dismissed. On March 2, 2012, defendant and co-defendants Jonathan Cardenas ("Cardenas") and Osmar ... with second-degree burglary, N.J.S.A. 2C:18-2 (counts one and two); second-degree kidnapping, N.J.S ... degree aggravated assault, N.J.S.A. 2C:12-1b(2) (counts twenty-one and twenty-two); and fourth-degree aggravated ... Release Act ("NERA"), N.J.S.A. 2C:43-7.2. The plea form also stated that the defendant could ...

docket:	a2967-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-05
status:	unpublished
citation:
Document Size:	29220

2635 /usr/local/share/www/libweb/collections/courts/appellate/a2967-12a2968-12.opn.html -- rank: 394

... Foddai, Senior Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Foddai, of counsel and ... degree resisting arrest, N.J.S.A. 2C:29-2a(2) (count three). Defendant later was charged under Accusation No. 04 ... on March 30, 2006, the appeal was dismissed. On March 2, 2012, defendant and co-defendants Jonathan Cardenas ("Cardenas") and Osmar ... with second-degree burglary, N.J.S.A. 2C:18-2 (counts one and two); second-degree kidnapping, N.J.S ... degree aggravated assault, N.J.S.A. 2C:12-1b(2) (counts twenty-one and twenty-two); and fourth-degree aggravated ... Release Act ("NERA"), N.J.S.A. 2C:43-7.2. The plea form also stated that the defendant could ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28460

2636 POWDER MILL HEIGHTS L.L.C. v. TOWNSHIP OF PARSIPPANY-TROY HILLS -- rank: 394

... APPELLATE DIVISION DOCKET NO. A-02038-13T1 POWDER MILL HEIGHTS, L.L.C., Plaintiff, v. TOWNSHIP OF PARSIPPANY-TROY HILLS, Defendant. __________________________________ BALDWIN MANOR, L.P., Plaintiff-Appellant, v. TOWNSHIP OF PARSIPPANY-TROY HILLS, Defendant ... Court of New Jersey, Law Division, Morris County, Docket No. L-0439-10. Howard D. Spialter, attorney for appellant. Inglesino, Wyciskala & Taylor, L.L.C., attorneys for respondent (Denis F. Driscoll, Owen T. ...

docket:	a2038-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-26
status:	unpublished
citation:
Document Size:	31514

2637 STATE OF NEW JERSEY v. PAUL CIBELLI, JR -- rank: 394

... apprehension or prosecution, N.J.S.A. 2C:43-7.2, with five years' parole supervision. The court sentenced defendant on ... evaluation, and defendant agreed to undergo the examination. At approximately 2:00 p.m. that afternoon, Lapp learned that missing persons ... as occurring before Silva's death: a laceration in an L-shaped pattern above her right eyebrow, which, Chmara stated, was ... crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in ... App. Div. 1999), aff'd o.b. , 163 N.J. 2 (2000). Finally, since the other crimes evidence lacked any legitimate ... S. 36 , 50-52, 124 S. Ct. 1354 , 1363-64, 158 L. Ed.2d 177 , 192-93 (2004). See State ...

docket:	a6422-06
court:
decided:	2009-06-12
status:	Unpublished
citation:
Document Size:	86662

2638 SAVAGE MILLS ENTERPRISES LLC v. THE WOMAN'S EXCHANGE OF MONMOUTH COUNTY INC. -- rank: 394

... to, their respective summary judgment motions, are A-5030-16T4 2 undisputed and fully detailed in the trial judge's oral ... Talbots granted all ownership rights in this building to defendant.2 Talbots also entered into a ninety-nine-year ground lease ... its store to it and its old shop was demolished. 2 Talbots built a larger building on the site and used ... s owner stipulated that she had a net worth of $2.5 million, and plaintiff and Talbots agreed to make a ... plaintiff's owner's] claim to a net worth of [$2.5 million] is accurate, such net worth is a satisfactory ... any judicial proceeding in connection with the enforcement of this [l]ease, the prevailing party shall be entitled to recover ...

docket:	a5030-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-14
status:	Unpublished
citation:
Document Size:	37638

2639 STATE OF NEW JERSEY v. E.R. -- rank: 394

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); and, as amended, third-degree endangering the ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one and, after merging count three into count ... called the Division of Youth and Family Services (the Division) 2 for advice. As she spoke to the Division screener, M ... have been clearly capable of producing an unjust result[.]" R. 2:10-2. See Rose , supra , 206 N.J. at 157. Not ...

docket:	a0167-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-12
status:	unpublished
citation:
Document Size:	36888

2640 STATE OF NEW JERSEY v. QUASHAWN K. JONES -- rank: 394

... 2C:5-1, 2C:11-3(a)(1) and/or (2) (counts one and nine);1 second-degree aggravated assault, N ... aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count three); second-degree possession of a weapon for an ... N.J.S.A. 2C:28-5(a) (count seven); 2 and second-degree certain persons not to have weapons, N ... Release Act (NERA), N.J.S.A. 2C:43-7.2. 1 For trial purposes, counts five through ten of the ... and renumbered count nine, charging attempted murder, as count seven. 2 Defendant was indicted for first-degree witness tampering, but the ... persons charge in a bifurcated bench trial. A-0215-15T2 2 The convictions stemmed from defendant shooting the victim, A. ...

docket:	a0215-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-10
status:	Unpublished
citation:
Document Size:	59737