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2761 DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF ROOMING AND BOARDING HOUSE STANDARDS v. HANSEN HOUSE, LLC -- rank: 386

... that are essentially the same statutory arguments presented to DCA. 2 That action is still pending. In his initial decision, the ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980)). An agency decision should not be overturned ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... State League of Municipalities v. Dep't of Cmty. Affairs , 158 N.J. 211 , 222 (1999)), certif. denied , 208 N.J ... houses in this State." N.J.S.A. 55:13B-2. The Statute defines a "rooming house" as "a boarding ...

docket:	a5141-13
court:	NJ Superior Court Appellate Division
decided:	2017-08-30
status:	unpublished
citation:
Document Size:	38988

2762 STATE OF NEW JERSEY v. MAURICE SPAGGERY -- rank: 386

... months later. Shortly after Nwanonyiri reported the robbery, still before 2:00 p.m., Officer Larkin Combs of the Hillside Police ... the context of the plain error doctrine. R. 1:7-2; R. 2:10-2. It is fundamental in our practice that a claim of ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). In State v. Smith , 167 N.J. 158 (2001), the Court explained that to rise to the ...

docket:	a6400-05
court:
decided:	2009-05-19
status:	Unpublished
citation:
Document Size:	53376

2763 STATE OF NEW JERSEY v. ISAAC A. YOUNG -- rank: 386

... swearing by inconsistent statements, N.J.S.A. 2C:28-2(a). The charges against defendant arose from his receiving copies ... of the Division of Youth and Family Services' (the Division) 2 confidential child abuse reports that substantiated an allegation of abuse ... Div. 2016) (citing State v. D.A. , 191 N.J. 158 , 164 (2007)). Also, when the language does not yield an ... neglect." N.J.S.A. 9:6-8.10a(b)(2). The statute imposes a similar duty upon authorized recipients to ... trial court, we review his claim for "plain error." R. 2:10-2 (any error will be disregarded unless it was "clearly ...

docket:	a1857-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-09
status:	published
citation:	448 N.J.Super. 206 152 A.3d 955
Document Size:	59499

2764 STATE OF NEW JERSEY v. PANAGIOTI N. SOURIS -- rank: 386

... testified that at approximately 4:17 p.m. on May 2, 2013, he called and arranged an undercover "narcotic buy" to purchase a "brick of heroin" 2 from a person he knew as "Pete," later identified as ... Bonnano, corroborated Taylor's testimony. Leon testified that on May 2, after arriving fifteen minutes prior to Taylor to ensure visibility ... presented a completely different story. He testified that on May 2, his roommate, a construction worker, called him "around noon that ... contention in Point I that, based upon State v. Frost , 158 N.J. 76 (1999), and State v. Murphy , 412 N ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). The job of a prosecutor ...

docket:	a4142-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	32444

2765 STATE OF NEW JERSEY v. ADRIENNE N. SMITH -- rank: 386

... of counsel and on the brief.). 1 1 On December 2, 2020, former trial counsel for defendant Orville Cousins withdrew and ... did not represent Cousins during the trial. A-0838-20T4 2 required certain operations cease to reduce the rate of community spread.2 As of mid-December, the Centers for Disease Control and ... have ordered the suspension of jury trials. 5 Since early 2 See Exec. Order No. 107 (Mar. 21, 2020), 52 N ... J.R. 544(a) (Apr. 6, 2020); Exec. Order No. 158 (June 29, 2020), 52 N.J.R. 1458(a) (Aug ... jury trials until February. See Coronavirus and the Courts, Nat'l Ctr. for State Courts, https://www.nscs.org/newsroom/ ...

docket:	a0838-20
court:	NJ Superior Court Appellate Division
decided:	2020-12-31
status:	Published
citation:
Document Size:	76934

2766 STATE OF NEW JERSEY v. JAMES COMER -- rank: 383

... conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1, and N.J ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the first-degree armed robbery offenses, and concurrent four ... ineligibility. Defendant timely appealed, claiming: (1) unduly suggestive photo identifications; (2) a mistrial should have been granted as a result of ... appeal and were barred pursuant to Rule 3:22-5; (2) other claims were procedurally barred under Rule 3:22-4 ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). In State v. Preciose , 129 N.J. 451 (1992), ...

docket:	a1675-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-23
status:	unpublished
citation:
Document Size:	25159

2767 STATE OF NEW JERSEY v. WILLIAM PITTMAN -- rank: 383

... COURT MISAPPLIED ITS DISCRETION IN ADMITTING PROOF OF DEFENDANT'S 2 004 AND 2005 CRIMINAL CONVICTIONS TO IMPEACH HIS CREDIBILITY BECAUSE ... 2012), cert. denied , ___ U.S. ____, 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013). The admissibility of an out-of-court ... determines whether 1) "the identification procedure was impermissibly suggestive," and 2) "if so, whether the impermissibly suggestive procedure was nevertheless reliable ... U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. Ed.2d 140 , 154 (1977)). The risk of misidentification in ...

docket:	a1169-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-11
status:	unpublished
citation:
Document Size:	29752

2768 STATE OF NEW JERSEY v. JUSTIN LACY -- rank: 383

... purpose (count ten), N.J.S.A. 2C:43-7.2, and a fifty percent parole ineligibility under the Graves Act, 158 N.J. 76, 88 (1999) (quoting State v. Thornton , 38 ... Jersey , 374 U.S. 816 , 83 S. Ct. 1710 , 10 L. Ed.2d 1039 (1963); see also State v. Spano , 64 N ... Jersey , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989); State v. Ramseur , 106 N.J. ...

docket:	a5192-05
court:	njappellate
decided:	2008-03-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39295

2769 STATE OF NEW JERSEY v. VANCE HERRING -- rank: 383

... with: first-degree carjacking, N.J.S.A. 2C:15-2; first-degree armed robbery, N.J.S.A. 2C:15 ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The other two co-defendants pleaded guilty to lesser charges ... factors established in State v. Slater , 198 N.J. 145 , 158-61 (2009), and denied the motion to set aside the ... on an excessive sentencing oral argument calendar pursuant to Rule 2:9-11. By order filed on May 19, 2010, we ... basis for defendant's guilty plea to carjacking was insufficient; (2) that his plea attorney was ineffective in moving before his ... 668 , 689, 694, 104 S. Ct. 2052 , 2065, 2068, 80 L. Ed.2d 674 , 694, 698 (1984); State v. Loftin , ...

docket:	a0497-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-28
status:	unpublished
citation:
Document Size:	23923

2770 IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF GANGARAM RAGI, M.D. -- rank: 383

... for appellant Gangaram Ragi, M.D. (DeCotiis, FitzPatrick, Cole & Wisler, L.L.P., attorneys; Mr. Clarke, Susan Fruchtman, and Irene Stavrellis, on ... Consent Order if it later discovered that Dr. Ragi "enter[ed] into a Pretrial Intervention Program pursuant to N.J.S ... conditions directly related to those allegations: 1) Apology to victim. 2) Not to engage in medical practice with any female patients ... and Beverage Control v. Maynard's, Inc. , 192 N.J. 158 , 183-84 (2007) (appellate review of an agency's choice ... same as that governing a motion under Rule 4:46-2 for summary judgment in civil litigation. Frank v. Ivy ...

docket:	a3121-08
court:	superior court appellate division
decided:	2010-02-26
status:	Unpublished
citation:
Document Size:	59606

2771 NET2 FUNDS, LLC v. HARTZ MOUNTAIN INDUSTRIES INC -- rank: 383

... JERSEY APPELLATE DIVISION DOCKET NO. A-0223-15T 1 NET 2 FUNDS, LLC, Plaintiff-Appellant, v. HARTZ MOUNTAIN INDUSTRIES, INC., Defendant-Respondent. HARTZ MOUNTAIN INDUSTRIES, INC., Plaintiff-Respondent, v. NET 2 FUNDS, LLC, a Delaware limited liability company, Defendant-Appellant. Argued ... Court of New Jersey, Law Division, Bergen County, Docket Nos. L- 6280-13 and L-6301-13. Daniel R. Guadalupe argued the cause for appellant ... Daniel R. Guadalupe, of counsel and on the briefs; Deanna L. Koestel and Bradford W. Muller, on the briefs). Joseph M ... court was delivered by LEONE, J.A.D. Appellant Net 2 Funds LLC ('N2F') entered into a contract to purchase ...

docket:	a0223-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-09
status:	published
citation:
Document Size:	93976

2772 /usr/local/share/www/libweb/collections/courts/appellate/a6335-08a0043-09.opn.html -- rank: 383

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (Monmouth County ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The sentencing court imposed what the State recommended. 2 On appeal, Bass presents the following arguments relating to indictment ... U.S. 218 , 228, 93 S. Ct. 2041 , 2048, 36 L. Ed.2d 854 , 863 (1973)). To determine whether a consenting party ... U.S. 91 , 95, 110 S. Ct. 1684 , 1687, 109 L. Ed.2d 85 , 92 (1990)). The United States Supreme ...

docket:
court:	superior court appellate division
decided:
status:
citation:
Document Size:	35043

2773 STATE OF NEW JERSEY v. SHARIF ALI BASS -- rank: 383

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (Monmouth County ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The sentencing court imposed what the State recommended. 2 On appeal, Bass presents the following arguments relating to indictment ... U.S. 218 , 228, 93 S. Ct. 2041 , 2048, 36 L. Ed.2d 854 , 863 (1973)). To determine whether a consenting party ... U.S. 91 , 95, 110 S. Ct. 1684 , 1687, 109 L. Ed.2d 85 , 92 (1990)). The United States Supreme ...

docket:	a6264-08
court:	superior court appellate division
decided:	2011-02-15
status:	unpublished
citation:
Document Size:	35894

2774 STATE OF NEW JERSEY v. MAURICIO GRISALES -- rank: 383

... S.A. 2C:35-5a(1) and 2C:35-5b(2), as well as the five-year sentence of incarceration "[c ... vacation of the subsequent plea based on the evidence. Point 2 Entry of the guilty plea was improper based on legally ... U.S. 218 , 222, 93 S. Ct. 2041 , 2045, 36 L. Ed.2d 854 , 860 (1973); State v. Maristany , 133 N.J ... U.S. at 222, 93 S. Ct. at 2046, 36 L. Ed. 2d at 860; see also State v. Johnson , 68 ...

docket:	a3630-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-18
status:	unpublished
citation:
Document Size:	27858

2775 STATE OF NEW JERSEY v. KATHLEEN ROSSANO -- rank: 383

... by State v. Cofield , 127 N.J. 328, 338 (1992). 2 In order to be admissible and to prevent overuse of ... crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in ... 541 U.S. 36 , 56 124 S. Ct. 1354 , 1367 158 L. Ed.2d 177 , 195 (2004). Business records are non-testimonial by ... 541 U.S. at 56 124 S. Ct. at 1367 158 L. Ed. 2d at 195-96. Moreover, foundation witnesses, ...

docket:	a3345-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-11
status:	unpublished
citation:
Document Size:	40080