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3121 BERK & BERK AT HUNTERS GLEN, LLC v. TOWNSHIP OF DELRAN -- rank: 362

... Respondent. Argued September 18, 2006 - Decided Before Judges Lintner, S.L. Reisner and Seltzer. On appeal from the Superior Court of New Jersey, Law Division, Burlington County, L-467-01. Stacy L. Moore, Jr. argued the cause for appellants Township of Delran ... Township Planning Board (Mr. Bozarth, on the joint brief). Carl L. Taraschi argued the cause for appellant George Yelland (Mr. Taraschi ... the existing apartment complex from C-3 Multifamily to M-2 General Industrial, making the existing structures non-conforming. When the ... variance involved in this appeal was considered, Berk & Berk "adopt[ed] those parts of our testimony regarding the positive and ...

docket:	A1312-04
court:	NJ Superior Court Appellate Division
decided:	2007-06-14
status:	unpublished
citation:
Document Size:	60668

3122 STATE OF NEW JERSEY v. PABLO S. MACHADO -- rank: 362

... N.J.S.A. 2C:15-1 and 2C:5-2 (count one); first-degree armed robbery, N.J.S.A ... Release Act ("NERA"), N.J.S.A. 2C:43-7.2. The court further imposed a concurrent seven-year sentence for ... them, wrote the number down on a piece of paper. 2 Perez directed Cedillo to report the robbery to the police ... s entry of the displayed number in his log book; (2) the dispatcher's oral statement to Perez, after apparently consulting ... E.2d 308 , 310 (Ga. Ct. App. 1997))), certif. denied , 2 000 Ga. LEXIS 39 (2000). Consistent with these reported cases ... include: (1) the dispatcher's entry in his log book, (2) the dispatcher's oral statement communicating the phone number ...

docket:	a3047-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-14
status:	unpublished
citation:
Document Size:	43507

3123 STATE OF NEW JERSEY v. CHARLES E. MACON -- rank: 362

... degree carjacking (count one), N.J.S.A. 2C:15-2(a)(1); second-degree robbery (count two), N.J.S ... degree burglary (count three), N.J.S.A. 2C:18-2(a)(1); third-degree aggravated assault (count four), N.J ... count five), N.J.S.A. 2C:29-9(a). 2 He was tried before a jury which found him not ... Release Act (NERA), N.J.S.A. 2C:43-7.2, for count one and to a concurrent four-year term ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). An evidentiary hearing for PCR is ...

docket:	a5519-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-05-05
status:	Published
citation:
Document Size:	22649

3124 STATE OF NEW JERSEY v. JEROME D. BROOKS -- rank: 362

... Deputy Public Defender, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... denied , 364 U.S. 936 , 81 S. Ct. 383 , 5 L. Ed.2d 367 (1961)); State v. Johnson , 42 N.J. 146 ... charge was "clearly capable of producing an unjust result . . . ." R. 2:10-2. The trial judge instructed the jury that "for a defendant ... Once again, these contentions are raised as plain error. R. 2:10-2. First, regarding the felony murder charge in ...

docket:	a4760-06
court:	superior court appellate division
decided:	2009-10-22
status:	unpublished
citation:
Document Size:	41352

3125 AMELIA & FRED NASH VS BELLA LERNER & ET ALS -- rank: 362

... on January 24, 1997, and this appeal followed. On April 2, 1997, the motion judge filed an Amplification of Decision pursuant to R. 2:5-1(b). She stated that the decision to grant ... issue of material fact for purposes of Rule 4:46-2.         [ Id. at 540.] The Supreme Court also noted that "when ... U.S. 242 , 252, 106 S. Ct. 2505 , 2511, 91 L.Ed.2d 202 , 212 (1986)).     In addition, the trial court must ... U.S. at 249, 106 S. Ct. at 2511, 91 L.Ed. 2d at 212). "Credibility determinations will continue to ...

docket:	a3986-96
court:	njappellate
decided:	1998-04-20
status:	published
citation:	311 N.J.Super. 183
Document Size:	30768

3126 STATE OF NEW JERSEY v. JOHN M. GORDET -- rank: 362

... first-degree kidnapping, N.J.S.A. 2C:13b(1)-(2), and two counts of first-degree aggravated sexual assault, N ... Early Release Act, N.J.S.A. 2C:43-7.2, and to concurrent terms of three years for terroristic threats ... U.S. 284, 302, 93 S. Ct. 1038 , 1049, 35 L. Ed.2d 297 , 312–13 (1973); State v. Harris , 156 N ... denied , 532 U.S. 1057 , 121 S. Ct. 2204 , 149 L. Ed.2d 1034 (2001); State v. Jamison , 64 N.J. ...

docket:	a0174-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-27
status:	unpublished
citation:
Document Size:	33470

3127 STATE OF NEW JERSEY v. STEPHEN SMITH, a/k/a WILLIAM STEWART -- rank: 362

... A. 2C:15-1 and N.J.S.A. 2C:2-6. A jury found him guilty of all counts on ... of parole ineligibility. N.J.S.A. 2C:43-7.2. He received a concurrent term of four years on his ... error was "clearly capable of producing an unjust result." R. 2:10-2. Due to the specific facts in this case, we see ... not raised prior to trial pursuant to R. 3:10-2(c). While the rule allows the court to grant relief ... Wade , 388 U.S. 218 , 87 S. Ct. 1926 , 18 L. Ed.2d 1149 (1967), and found the out-of- ...

docket:	a4834-05
court:	njappellate
decided:	2007-11-29
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60477

3128 DYFS v. T.H. -- rank: 362

... diligent inquiry to ascertain their location under R. 5:12-2(b), default was entered against these defendant's on January ... pled guilty to one count of reckless manslaughter on September 2, 2005. He was paroled on December 29, 2005. Sherry Murphy ... medical treatment for him. Sherry Murphy was sentenced on November 2, 2005, to an aggregate term of twenty-five years, with ... unclean. M.W. signed another case plan sometime around April 2, 1997, agreeing to cooperate with the Division's services. Without ... contact with M.W. and her four children until February 2, 1999, when a Division caseworker saw her on Broad Street ... 10, 2006, order approving settlement. The State agreed to pay $2.75 million on behalf of R.W., $3.75 ...

docket:	a6485-05
court:	njappellate
decided:	2007-08-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	98076

3129 IN THE MATTER OF JOHN LENHARDT -- rank: 362

... Begley & Gaskill, attorneys for respondent Hamilton Township Fire District No. 2 (Robert F. Gaskill, on the brief). PER CURIAM Appellant John ... a fire captain employed by the Hamilton Township Fire District #2, seeks our review of a final administrative action of the ... public employee in violation of N.J.A.C. 4A:2-2.3(a)(6). Captain Lenhardt's alleged June 2007 berating ... public employee in violation of N.J.A.C. 4A:2-2.3(a)(6), and other sufficient cause for discipline ...

docket:	a4112-08
court:	superior court appellate division
decided:	2010-05-04
status:	Unpublished
citation:
Document Size:	43959

3130 BERK & BERK AT HUNTERS GLEN, LLC v. TOWNSHIP OF DELRAN -- rank: 362

... Respondent. Argued September 18, 2006 - Decided Before Judges Lintner, S.L. Reisner and Seltzer. On appeal from the Superior Court of New Jersey, Law Division, Burlington County, L-467-01. Stacy L. Moore, Jr. argued the cause for appellants Township of Delran ... Township Planning Board (Mr. Bozarth, on the joint brief). Carl L. Taraschi argued the cause for appellant George Yelland (Mr. Taraschi ... the existing apartment complex from C-3 Multifamily to M-2 General Industrial, making the existing structures non-conforming. When the ... variance involved in this appeal was considered, Berk & Berk "adopt[ed] those parts of our testimony regarding the positive and ...

docket:	A1310-04
court:	NJ Superior Court Appellate Division
decided:	2007-06-14
status:	unpublished
citation:
Document Size:	60668

3131 STATE OF NEW JERSEY v. KIWANIE SALTER -- rank: 362

... that all the crimes were committed on or about September 2 through 5, 2006, against T.B., whose date of birth ... Early Release Act, N.J.S.A. 2C:43-7.2 . The court also sentenced defendant to concurrent one-year terms ... 1) defendant engaged in consensual anal intercourse with C.B., (2) defendant whispered during consensual sex with C.B., (3) defendant ... denied , 532 U.S. 931 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001); State v. McDougald , 120 N.J. 523 ... denied , 532 U.S. 932 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001). If in response to objection ...

docket:	a0502-08
court:	superior court appellate division
decided:	2009-12-24
status:	Unpublished
citation:
Document Size:	63334

3132 State v. Cesar A. Lipa -- rank: 362

... reviewing the test established in Slater , 198 N.J. at 158-59, the court denied defendant’s motion to withdraw his ... Early Release Act, N.J.S.A. 2C:43-7.2. Defendant appealed and the Appellate Division affirmed the denial of ... defendant has provided an adequate factual basis for the plea; (2) the plea is made voluntarily; and (3) the plea is made knowingly. R. 3:9-2. Once it is established that a guilty plea was made ... ” Simon , 161 N.J. at 444. (pp. 9-10) 2. Rule 3:21-1, which governs the withdrawal of guilty ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant’s reasons for ...

docket:	A-31-12
court:	NJ Supreme Court
decided:	2014-09-25
status:
citation:	219 N.J. 323 98 A.3d 574
Document Size:	66900

3133 Lieutenant John Kaminskas v. State -- rank: 362

... defense of such action or proceeding.” (pp. 10-12) 2. Wright came before this Court as an interlocutory appeal filed ... The Court first noted that N.J.S.A. 2A:158-7, which provides for the payment by the county treasurer ... the investigation and enforcement of the State’s criminal laws, 2 they perform a function that has traditionally been the responsibility ... expenses of the county prosecutor, N.J.S.A. 2A:158-7, and the TCA’s clear grant of indemnification and ... which did not exist for N.J.S.A. 2A:158-7, there is no reason to look beyond the Legislatureâ ... 2001), nor N.J.S.A. 59:10A-1 provides 2 otherwise. The Attorney General is accordingly not required to ...

docket:	a-31-17
court:	NJ Supreme Court
decided:	2019-01-17
status:
citation:	236 N.J. 415 200 A.3d 389
Document Size:	46512

3134 BERK & BERK AT HUNTERS GLEN, LLC v. TOWNSHIP OF DELRAN -- rank: 362

... Respondent. Argued September 18, 2006 - Decided Before Judges Lintner, S.L. Reisner and Seltzer. On appeal from the Superior Court of New Jersey, Law Division, Burlington County, L-467-01. Stacy L. Moore, Jr. argued the cause for appellants Township of Delran ... Township Planning Board (Mr. Bozarth, on the joint brief). Carl L. Taraschi argued the cause for appellant George Yelland (Mr. Taraschi ... the existing apartment complex from C-3 Multifamily to M-2 General Industrial, making the existing structures non-conforming. When the ... variance involved in this appeal was considered, Berk & Berk "adopt[ed] those parts of our testimony regarding the positive and ...

docket:	A1309-04
court:	NJ Superior Court Appellate Division
decided:	2007-06-14
status:	unpublished
citation:
Document Size:	60663

3135 STATE OF NEW JERSEY v. JOSHUA A. MALDONADO -- rank: 362

... 2C:35-5(a)(1) and 2C:35-5(b)(2) (count three); third-degree possession of ecstasy, N.J.S ... the pill[s] looked with the stamp on it . . . look[ed] just like [e]cstasy." Lieutenant Daniel Leon from the Burlington ... denied , 513 U.S. 1164 , 115 S. Ct. 1131 , 130 L. Ed.2d 1093 (1995). In Bey , the Court found that the ... it is "clearly capable of producing an unjust result." R. 2:10-2. Certainly, an expert may offer an opinion "[i]f ...

docket:	a4545-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-09
status:	unpublished
citation:
Document Size:	44108