Search Rutgers Law Library N.J. Court Opinions

2896 STATE OF NEW JERSEY v. GERARD L. MCGINN -- rank: 375

... 1074-10T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GERARD L. MCGINN, Defendant-Appellant. _______________________________________ June 24, 2011 Argued May 24, 2011 ... J. Stayton, Jr., argued the cause for appellant (Ridgway & Stayton, L.L.C., attorneys; Mr. Stayton, on the brief). J. Vincent Molitor, Assistant Prosecutor, argued the cause for respondent (Robert L. Taylor, Cape May County Prosecutor, attorney; Mr. Molitor, of counsel and on the brief). PER CURIAM Defendant Gerard L. McGinn appeals from an order of the Law Division dated ... of the Cape May Police Department (CMPD) testified that around 2:00 a.m. on May 3, 2009, he was ...

docket:	a1074-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-24
status:	unpublished
citation:
Document Size:	26688

2897 STATE OF NEW JERSEY v. DERRICK NELSON GASTON -- rank: 375

... imposed appropriate fines and penalties. Defendant appeals from the October 2, 2009 judgment of conviction, raising the following points: POINT I ... packaging of heroin seized from defendant, the prosecutor asked rhetorically, "[L]et's think about why there might have been four ... U.S. 366 , 370, 124 S. Ct. 795 , 799, 157 L. Ed.2d 769 , 774 (2003); State v. Brown , 205 N.J ... harmless. The doctrine of harmless error is embedded in Rule 2:10-2, which provides in part: "Any error or omission shall ...

docket:	a2675-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-05
status:	unpublished
citation:
Document Size:	75698

2898 STATE OF NEW JERSEY v. TAMEKA L. NELSON -- rank: 375

... 0545-08T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TAMEKA L. NELSON, Defendant-Appellant. ________________________________________________________________ Submitted October 1, 2009 - Decided August 26 ... Early Release Act, N.J.S.A. 2C:43-7.2, and a consecutive four-year term on count three. Appropriate ... car lengths in front of the Mitsubishi. A-0545-08T4 2 According to Wallace, who was the only eyewitness to testify ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add only the following comments. In her third point ... trial.' (1981). See also State v. Martin, 119 N.J. 2, 15 (1990) ('A charge is a road map to ...

docket:	a0545-08
court:	superior court appellate division
decided:	2010-08-26
status:	unpublished
citation:
Document Size:	29477

2899 STATE OF NEW JERSEY v. JOHN B. VERNICEK -- rank: 375

... Early Release Act, N.J.S.A. 2C:43-7.2. He appeals his convictions and sentence, raising the following points ... ROBBERY WAS NOT SUPPORTED BY THE EVIDENCE. A-4130-18T1 2 V. THE SENTENCE IMPOSED WAS MANIFESTLY EXCESSIVE. We have considered ... of Bohnert, N.J.S.A. 2C:15-1(a)(2) (count three); third-degree theft of movable property, N.J ... joinder shall be afforded as provided by [Rule] 3:15-2. Where a defendant 'is prejudiced by a . . . joinder of offenses ... of counts . . . or direct other appropriate relief.' R. 3:15-2(b). The rule addresses the inherent danger: [W]hen several ... particular occasion the person acted in conformity with such disposition. 2) Permitted Uses. This evidence may be admitted for other ...

docket:	a4130-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-28
status:	Unpublished
citation:
Document Size:	53522

2900 CARLO and MARYANN DELPIZZO v. MICHELLE COSTANZO -- rank: 375

... FD-18-291-03. Balk & Geddes, attorneys for appellant (Stacey L. Pilato, on the brief). Sawyer, Gale, Laughlin & Schneider, attorneys for ... defendant seeking visitation rights under N.J.S.A. 9:2-7.1.     This complaint was filed on November 1, 2002 ... not the way to go here." By order of July 2, 2004, the judge directed the parties to submit proposals, but ... interests of the children would be served thereby. See footnote 2     On appeal, defendant raises the following issues for our consideration ... under the grandparent visitation statute, N.J.S.A. 9:2-7.1, which provides in pertinent part as follows: A ... best interests of the child.         [ N.J.S.A. 9:2-7.1(a).] The statute "represents part of a ...

docket:	A0864-04
court:	NJ Superior Court Appellate Division
decided:	2005-10-25
status:	unpublished
citation:
Document Size:	31442

2901 CORYELL, L.L.C. v. PAUL CURRY, et al. -- rank: 375

... JERSEY APPELLATE DIVISION DOCKET NO. A-3758-04T53758-04T5 CORYELL, L.L.C., as Assignee of M.D. Sass Municipal Finance Partners II, L.P., Plaintiff-Appellant, vs. PAUL CURRY and WANDA D. PRICE ... Defendants. ___________________________________ JULIAN M. BLUMENTHAL, Intervenor-Respondent. ___________________________________ A-3759-04T5 CORYELL, L.L.C., as Assignee of M.D. Sass Municipal Finance Partners II, L.P., Plaintiff-Respondent, vs. PAUL CURRY and WANDA D. ...

docket:	A3758-04
court:	NJ Superior Court Appellate Division
decided:	2006-10-05
status:	published
citation:
Document Size:	62045

2902 T.H. v. Division of Developmental Disabilities -- rank: 375

... behalf pursuant to N.J.S.A. 30:4-25.2. DDD staff interviewed T.H. and his family. Finding a ... documentation of their early condition is unavailable. (pp. 9-12) 2. In 1975, Congress enacted the Developmental Disabilities Assistance and Bill ... or physical impairment or combination of mental or physical impairments; (2) is manifest before age 22; (3) is likely to continue ... behalf pursuant to N.J.S.A. 30:4-25.2. DDD staff interviewed T.H. and his family. Finding a ... See DSM-IV-TR ; Stedman’s Medical Dictionary 568 (28th ed. 2006). It is a “serious and debilitating developmental syndrome impairing ... delay in language (e.g., single words used by age 2 years, communicative phrases used by age 3 years). There ...

docket:	a-114-05
court:	njsupreme
decided:	2007-03-01
status:
citation:	189 N.J. 478
Document Size:	56626

2903 SENIOR CARE CENTERS OF AMERICA, INC. v. DEPARTMENT OF HEALTH -- rank: 375

... Health and Senior Services, Docket No. HLT-408-04. Stacy L. Moore, Jr., argued the cause for appellant (Parker McCay, attorneys ... respondent pursuant to N.J.A.C. 8:92-3.2(a). On this appeal, the petitioner contends that "the determination ... unambiguous terms of N.J.A.C. 8:92-3.2(a) was correct, the decision of the Commissioner rejecting that ... plain language of N.J.A.C. 8:92-3.2(a) should be given effect so that the legislative goals ... 26:2M-15. N.J.A.C. 8:92-3.2 was adopted pursuant to this legislative authorization. It is uncontested ... s Motion, p.3, ¶ 1; Petitioner's Response, p.2, ¶ 4). Petitioner acknowledged in its proposed agreement that ...

docket:	a6280-04
court:	njappellate
decided:	2006-07-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	48255

2904 ANDERSON SERRANO v. IVAN I. NEZOYUR NIKOLAY I NEZOYUR, JOHN ROSADO JR JEANNE M. FRAZIER WILLIAMS PAVING, H. WILLIAMS PAVING STAVOLA MILLVILLE ASPHALT CO LLC, WILLIAM'S ASPHALT MATERIALS LLC, OHIO CASUALTY INSURANCE GROUP, LIBERTY MUTUAL INSURANCE GROU -- rank: 375

... Court of New Jersey, Law Division, Burlington County, Docket No. L-3970-08. Vincent A. Campo argued the cause for appellant ... provision of the policy. On October 1, 2010, Judge Karen L. Suter heard arguments on the motion for summary judgment. In ... v. Shinnihon U.S.A. Co. , 399 N.J. Super. 158, 180 (App. Div.), certif. denied , 196 N.J. 85 (2008 ... judge's conclusions of law is de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... entitled to any special deference."). See also R. 4:46-2(c). In addressing a motion for summary judgment, a court ... N.J. 520 , 540 (1995). See also R. 4:46-2(c). We must view the evidence in the light ...

docket:	a4030-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-31
status:	unpublished
citation:
Document Size:	27226

2905 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 IN THE MATTER OF THE BOARD' -- rank: 375

... respondents, the New Jersey Utilities Authority and various utility companies 2 contend the Board's adoption of the revised CTA did ... and regulating public utility companies, N.J.S.A. 48:2-13(a), and setting "just and reasonable" rates for those utilities, N.J.S.A. 48:2-21(b)(1). The Division of Rate Counsel is a ... increase is just and reasonable. N.J.S.A. 48:2-21(d). To sustain its burden of proof, a utility ... 1) the value of its property or the rate base, (2) the amount of its expenses, including operations, income taxes, and ... re Revision of Rates Filed by Toms River Water Co. , 158 N.J. Super. 57 , 60-61 (App. Div. 1978), ...

docket:	a1153-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	57744

2906 STATE OF NEW JERSEY v. TONY L. BURNHAM -- rank: 375

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TONY L. BURNHAM, Defendant-Appellant. ____________________________________ August 14, 2015 Submitted April 20, 2015 ... filed a pro se supplemental brief. PER CURIAM Defendant Tony L. Burnham appeals his judgment of conviction for conspiracy and robbery ... to commit armed robbery, N.J.S.A. 2C:5-2, 2C:15-1 (count one); first-degree armed robbery, N ... indictment and trial of the defendant arose]." Id. at 1-2. In the charge conference at the first trial, Judge DeLury ... defendants' attorneys if they wished the instruction to be given. 2 Defendant's counsel responded: [DEFENDANT'S COUNSEL]: I'm sorry ... denied , 532 U.S. 1057 , 121 S. Ct. 2204 , 149 L. Ed.2d 1034 (2001). Indeed, defendant's counsel asserted ...

docket:	a0047-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-14
status:	unpublished
citation:
Document Size:	37708

2907 STATE OF NEW JERSEY v. ARMANDO NEGRON, -- rank: 375

... JERSEY,         Plaintiff-Respondent,         v. ARMANDO NEGRON,         Defendant-Appellant. ___________________________________     Submitted: October 2, 2002 - Decided: December 11, 2002     Before Judges Kestin, Fall and ... the provisions of N.J.S.A. 2C:43-7.2, requiring service of eighty-five per cent of the term ... to have existed in State v. Smith , 167 N.J. 158 (2001).     We set aside numerous instances of quibbling, argumentation, baiting ... s take a conservative number, 8. My math is off. $2,560?         A    It seems right.             Q    For yesterday. You came ... and forceful closing arguments to juries." State v. Frost , supra , 158 N.J. at 82 (citations omitted). Nevertheless, "[t]he primary ... U.S. 78 , 88, 55 S. Ct. 629 , 633, 79 L. Ed. 1314 , 1321 (1935)(quoted in Frost )).     Whether particular ...

docket:	A3903-99
court:	NJ Superior Court Appellate Division
decided:	2002-12-11
status:	published
citation:	355 N.J. Super. 556 810 A.2d 115
Document Size:	78064

2908 PEPPERIDGE TREE REALTY CORP., Plaintiff v. KINNELON BOROUGH -- rank: 375

... Block 26, Lot 115 (“Lot 115") and Block 30, L.1.03 (“Lot 1.03") (hereinafter referred to together ... 065,000 and a value for Lot 1.03 of $2,920,000. Defendant presented one witness, an appraisal expert, whose ... potential of forty-eight to fifty lots. 3 Sale Number 2 took place on December 20, 2001. The sale property was ... apply the standard of proof appropriate under R. 4:37-2(b) (applicable to a motion at the end of the ... properties were appraised for residential use (see discussion in Item 2), the intended use of the purchaser may have affected the ... Appraisal Institute, The Appraisal of Real Estate , 436-37 (12th ed. 2001).] See also Riegel Prods. Corp. v. Milford Bor. , ...

docket:	01495-01
court:
decided:	2003-08-18
status:
citation:	21 N.J. Tax 57
Document Size:	84873

2909 STATE OF NEW JERSEY v. JEROME JENKINS -- rank: 375

... to violate narcotics laws, N.J.S.A. 2C:5-2 (count one); two counts of third-degree possession of a ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count eleven); and third-degree obstructing the administration of law, N.J.S.A. 2C:29-2(a)(3)(a) (count twelve). On the same day, defendant ... 1 , 20-22, 88 S. Ct. 1868 , 1879-80, 20 L. Ed.2d 889 , 905-06 (1968). "An investigatory police stop, sometimes ... of consciousness of guilt. State v. Tucker , 136 N.J. 158 , 169 (1994). "[T]he fact that a suspect's ...

docket:	a4235-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-24
status:	unpublished
citation:
Document Size:	30297

2910 STATE OF NEW JERSEY v. ERIC GIBBS -- rank: 375

... Uniman, Assistant Deputy Public Defender, on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (Jack J. Lipari ... ineffective because he failed to file a motion to suppress; (2) the trial judge abused his discretion by admitting into evidence ... 301 N.J. Super. 363 , 407 (App. Div. 1997). Rule 2:10-1 provides in pertinent part: "In both civil and ... Pressler, Current N.J. Court Rules , comment 3 on R. 2:10-1 (2007) (citing State v. Smith , 262 N.J ... was clearly capable of producing an unjust result. See R. 2:10-2, see also Pressler, Current N.J. Court Rules , comment ...

docket:	a1010-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-27
status:
citation:
Document Size:	26434