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2671 STATE OF NEW JERSEY v. HISASHI POMPEY -- rank: 391

... any violation of law, and has statutory powers of arrest ; (2) is authorized by the agency to carry a firearm; (3 ... powers of apprehension, not arrest, as required by the statute. 158 Cong. Rec. S7381, S7390 (daily ed. Dec. 4, 2012) [hereinafter Congressional Record ] (statement of Sen. Leahy). On January 2, 2013, LEOSA was amended to add military police officers to ... 1 National Defense Authorization Act for Fiscal Year 2013, Pub. L. No. 112-239, § 1089, 126 Stat. 1632, 1970-71 ... military or military police until the applicable amendment of January 2, 2013." He determined that "it was clear that on ...

docket:	a3985-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-17
status:	unpublished
citation:
Document Size:	20041

2672 STATE OF NEW JERSEY v. GUILERMO SANTAMARIA -- rank: 391

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a), (count one), two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(c), (counts two and three), and two counts of second-degree official misconduct, N.J.S.A. 2C:30-2 (counts four and five). Defendant was sentenced to an aggregate ... or any admissions from defendant. The State's case was 2 A-2012-12T3 based primarily on the testimony of H ... police and the Division of Youth and Family Services (DYFS)2 about her suspicions that defendant and H.B. were having ... at college, and to eventually marry and start a family. 2 Effective June 29, 2012, DYFS was renamed the Division ...

docket:	a2012-12
court:	NJ Superior Court Appellate Division
decided:	2016-02-03
status:	unpublished
citation:
Document Size:	58162

2673 STATE OF NEW JERSEY v. JOHN W. OATMAN -- rank: 391

... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel; Kimberly Donnelly, on the brief ... assault, in violation of N.J.S.A. 2C:14-2(a)(6). The trial court sentenced defendant to concurrent seventeen ... Early Release Act, N.J.S.A. 2C:43-7.2 (NERA). Defendant appeals from the judgment of conviction dated July ... little." Defendant stated that between 1:40 a.m. and 2:40 a.m., he put his hand on M.S ... and forceful closing arguments . . . ." State v. Smith , 167 N.J. 158, 177 (2004). Nevertheless, the prosecutor's obligation is "'not to ... see that justice is done.'" Ibid. (quoting State v. Frost , 158 N.J. 76 , 83 (1999)). However, a new trial ...

docket:	a5395-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-28
status:	unpublished
citation:
Document Size:	25013

2674 STATE OF NEW JERSEY v. NORMAN MIKEL -- rank: 391

... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). PER ... NOT SUFFICIENTLY TAILORED TO THE FACTS OF THE CASE AND (2) PROSECUTORIAL MISCONDUCT DURING SUMMATION. AS SUCH, THE PCR COURT'S ... PETITION MUST BE REVERSED. (1) Jury Charges on Accomplice Liability (2) Prosecutorial Misconduct POINT THREE THE CLAIMS IN MR. MIKELL'S ... the PCR court in its thoughtful and comprehensive opinion. R. 2:11-3(e)(1)(D). We add the following brief ... application should have been brought pursuant to Rule 3:20-2 as a "motion for a new trial based on the ... but to see that justice is done." State v. Frost , 158 N.J. 76 , 83 (1999) (citation and internal quotation ...

docket:	a5240-07
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	unpublished
citation:
Document Size:	25937

2675 JOSEPH DARE et al. v. FREEFALL ADVENTURES, INC., et al. -- rank: 391

... Court of New Jersey, Law Division, Gloucester County, Docket No. L-1390-97.         Stephen Cristal argued the cause for Joseph and ... to establish a prima facie case of negligence. See footnote 2 2 It also dismissed Freefall's counterclaim in which it demanded ... and damages arising out of my participation in parachuting activities.         2.    I further agree that I WILL NOT SUE OR MAKE ... result of my participation in parachuting activities . . . . Page 4 provided:          2. EXEMPTION FROM LIABILITY. [Plaintiff] . . . releases [Freefall] . . . from any and all ... regulate sport parachuting . . . ." N.J.A.C. 16:58-1.2. The pertinent rules require participants to meet various training ...

docket:	A2629-00
court:	NJ Superior Court Appellate Division
decided:	2002-03-21
status:	published
citation:	349 N.J. Super. 205 793 A.2d 125
Document Size:	49269

2676 STATE OF NEW JERSEY v. JULIE KUROPCHAK -- rank: 391

... Foddai, Senior Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; David A. Malfitano, Assistant Prosecutor ... police headquarters. At headquarters, Officer Serritella read defendant her Miranda 2 rights and the Department of Motor Vehicles' Standard Statement for ... her own behalf at trial. According to defendant, between approximately 2:00 and 3:00 p.m. on the day of ... 54, cert. denied , 555 U.S. 825 , 129 S. Ct. 158 (2008). Specifically, Aramini claimed "no simulator solution assay Certificate of ... and the credentials of the coordinator who performed the calibration; (2) the most recent New Standard Solution Report prior to a ... 541 U.S. 36 , 68, 124 S. Ct. 1354 , 1374, 158 L. Ed.2d 177 , 203 (2004). This was not ...

docket:	a1103-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-18
status:	unpublished
citation:
Document Size:	40362

2677 IN THE MATTER OF THE APPLICATION OF MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR TETRA GROW LLC -- rank: 391

... COMMUNITY WELLNESS OF NEW JERSEY LLC (CENTRAL) _________________________________________ A-1272-19 2 IN THE MATTER OF THE APPLICATION OF MEDICINAL MARIJUANA ALTERNATIVE ... HOLDINGS, LLC (SOUTH) _________________________________________ A-1272-19 3 Argued1 and Submitted 2 February 2, 2021 – Decided February 18, 2021 Before Judges Fisher, Moynihan ... 19, A-1656-19 and A-1747-19 were argued. 2 A-1416-19, A-1743-19, A-1744-19, A ... marijuana for medical purposes. N.J.S.A. 24:6I-2(e); N.J.S.A. 24:6I-7. The Compassionate ... applicants, the Department conducted a 'Pre-Application Webinar' on August 2, 2019, during which a Department representative explained that applications ...

docket:	a1272-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-02
status:	Unpublished
citation:
Document Size:	83287

2678 PEJU PROVINCE WINERY v. RALPH EIBERT -- rank: 391

... 106 , 109-11, 84 S. Ct. 242 , 244-45, 11 L. Ed.2d 186 , 190-91 (1963); see Pector v. Meltzer , 298 ... U.S. 545 , 552, 67 S. Ct. 451 , 456, 91 L. Ed.2d 488 , 496, reh'g denied , 330 U.S. 854 , 67 S. Ct. 858 , 91 L.Ed. 1296 (1947). Accordingly, New Jersey courts will enforce the ...

docket:	a5008-05
court:	njappellate
decided:	2007-05-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	44949

2679 STATE OF NEW JERSEY v. ANDRE LEWIS -- rank: 391

... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the murder count, and imposed concurrent terms on the ... his mental state on the date of the murder; and (2) that ineffective assistance of trial counsel resulted from the failure ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984); United States v. Cronic , 466 U.S. 648 , 104 S. Ct. 2039 , 80 L. Ed.2d 657 (1984); State v. Allah , 170 N.J. ...

docket:	a6640-05
court:	njappellate
decided:	2008-01-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	40022

2680 STATE OF NEW JERSEY v. CHRISTOPHER C. SCHWARTZ -- rank: 391

... Law Division, Monmouth County, Indictment No. 15-11- 1962. Susan L. Romeo, Assistant Deputy Public Defender argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Susan L. Romeo, of counsel and on the briefs). Daniel I. Bornstein ... 2572-18 (App. Div. May 19, 2021) (slip op. at 2). We affirmed the denial of the suppression motion and defendant ... and remanded for resentencing of that count. A-0902-21 2 We recounted the pertinent facts in our prior opinion: [D ... degree crime. N.J.S.A. 2C:35-5(b)(2). [Ibid.] Indictment No. 15-11-1962 charged defendant with twenty ... substance (CDS), N.J.S.A. 2C:35-5(b)(2). The case proceeded to trial. The consolidated trial of ...

docket:	a0902-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-05
status:	Unpublished
citation:
Document Size:	38862

2681 STATE OF NEW JERSEY v. STEVEN RASHAWN WRIGHT -- rank: 391

... and third-degree burglary, N.J.S.A. 2C:18-2 (count two). Judge Joseph Isabella merged the burglary conviction into ... Release Act (NERA), N.J.S.A. 2C:43-7.2, to run consecutive to a ten-year custodial term defendant ... SUFFICIENT FACTUAL INFORMATION UNIQUE TO THIS CASE. (Not raised below) 2. THE PORTION OF THE JURY CHARGE CONCERNING THE IDENTITY OF ... they went back to the victim's apartment at approximately 2 a.m. The victim testified that she walked her boyfriend ... vigorous and forceful closing arguments to juries. State v. Frost , 158 N.J. 76, 82 (1999). So long as their comments ... not "cast unjustified aspersions" on defense counsel. State v. Frost , 158 N.J. 76 , 86 (1999). "It is likewise improper ...

docket:	a2828-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-06
status:	unpublished
citation:
Document Size:	58864

2682 M.C. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 391

... Services (Melissa H. Raksa, Assistant Attorney General, of counsel; Jennifer L. Cavin, Deputy Attorney General, on the brief). PER CURIAM Appellant ... v. Div. of Med. Assistance & Health Servs. , 154 N.J. 158 , 165 (1998)), certif. denied , 182 N.J. 425 (2005); see ... U.S. 297 , 301, 100 S. Ct. 2671 , 2680, 65 L. Ed.2d 784 , 794 (1980); United Hosps. Med. Ctr. v. State ... 154 N.J. at 166 (first alteration in original) (quoting L.M. v. Div. of Med. Assistance & Health Servs. , 140 N ... and procedures. See N.J.A.C. 10:71-1.2(a). The local county welfare agencies evaluate eligibility. N. ...

docket:	a1755-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-13
status:	unpublished
citation:
Document Size:	23608

2683 STATE OF NEW JERSEY v. VIPULKUMA M. PATEL -- rank: 391

... victim in the form of a real person or child; (2) a "person" as defined in N.J.S.A. 2C ... was applicable, not the alternative theory of "impossibility" under subsection (l) as had also been charged by the judge. Condon , supra ... denied , 393 U.S. 952 , 89 S. Ct. 376 , 21 L. Ed.2d 363 (1968), which held the fact that a woman ... with a person that age," N.J.S.A. 2C:2-2b(1), and a "reasonable person" would believe the victim ... years of age," N.J.S.A. 2C:24-4b(l), or "person" in the sexual assault or criminal sexual ...

docket:	a3529-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-25
status:	unpublished
citation:
Document Size:	27128

2684 /usr/local/share/www/libweb/collections/courts/supreme/a0527-15.opn.html -- rank: 391

... SENTENCE OF FIVE (5) YEARS WITH TWO AND ONE HALF (2 1/2) YEARS OF PAROLE INELIGIBILITY WAS EXCESSIVE AND SHOULD BE MODIFIED ... The State developed the following proofs at trial. At approximately 2:30 p.m. on March 30, 2011, Officer Frank Narvaez ... he ran, his BB gun fell out of his pocket. 2 After he fell to the ground, Officer Narvaez placed his ... denied , 534 U.S. 858, 122 S. Ct. 136, 151 L. Ed. 2d 89 (2001). Nonetheless, "prosecutors should not make inaccurate ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	32599

2685 STATE OF NEW JERSEY v. CONRAD R. SIPA -- rank: 391

... numerous issues on appeal. He contends the trial court committ ed plain error on several occasions in providing instructions to the ... d); third-degree hindering apprehension or prosecution, A-5252-18 2 N.J.S.A. 2C:29-3(b)(1); and ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Because defendant contends the verdict was against the weight of ... Police also discovered: (1) a broken, right-handed golf club; (2) pieces from the broken ceramic lamp base, some of which ... Ale twelve-pack at a liquor store in Manahawkin at 2:44 p.m. on Saturday, November 21, 2015. After confirming ... 1) an open case of Blue Moon in the garage; (2) an empty Patron tequila bottle matching the cap found ...

docket:	a5252-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-06
status:	Unpublished
citation:
Document Size:	129199