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3376 STATE OF NEW JERSEY v. JOSEPH J. REHKAMP -- rank: 343

... of the second degree, N.J.S.A. 2C:18-2 (Count V); and terroristic threats, a crime of the third ... Release Act (NERA). N.J.S.A. 2C:43-7.2 (as adopted by L. 1997, c. 117, § 2). This sentence is also subject to a five-year term ... merit to warrant extended discussion in a written decision. R. 2:11-3(e)(2). We provide only a brief explanation for that conclusion ...

docket:	a5260-03
court:	njappellate
decided:	2006-04-13
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	68773

3377 STATE OF NEW JERSEY v. KRISTA F. SELIG -- rank: 343

... Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel; Ashley L. Behre, Legal Assistant, on the brief). PER CURIAM Defendant Krista ... commit theft contrary to N.J.S.A. 2C:5-2 (conspiracy) and N.J.S.A. 2C:20-3 (theft ... prosecutor's decision. On June 21, 2013 the Honorable Ronald L. Reisner sentenced defendant to one year of probation. Defendant appeals ... the case," N.J.S.A. 2C:43–12(e)(2); "the needs and interests of the victim and society," N ... There is therefore "a presumption against diversion." State v. Caliguiri , 158 N.J. 28 , 42 (1999); see Watkins , supra , 193 N ... memo also considered defendant's personal role in the crime. 2 The prosecutor noted that defendant's Selig Law Group ...

docket:	a5443-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	31275

3378 STATE OF NEW JERSEY v. JAMES DAWSON -- rank: 343

... Therefore, the plain error standard applies to this argument. R. 2:10-2; State v Taffaro , 195 N.J. 442 , 454 (2008); State ... vigorous and forceful closing arguments to juries," State v. Frost , 158 N.J. 76 , 82 (1999), and "are afforded considerable leeway ... U.S. 1 , 12, 105 S. Ct. 1038, 1045, 84 L. Ed.2d 1, 11 (1985)), certif. denied , 130 N.J. 393 ... U.S. at 12, 105 S. Ct. at 1045, 84 L. Ed. 2d at 11. Within this context, we "consider ...

docket:	a4758-06
court:	superior court appellate division
decided:	2010-06-04
status:	unpublished
citation:
Document Size:	33354

3379 IN THE MATTER OF WILLIAM CARROLL -- rank: 343

... ongoing criminal investigation of which he was not a target.         2.    On December 15, 1997, Sheriff's Officer William Carroll refused ... the witnesses to judge of their credibility." In re Taylor , 158 N.J. 644 , 656 (1999)(citation omitted). Moreover, a "strong ... resolution of a question of law. In re Taylor , supra , 158 N.J. at 658.     We turn now to appellant's ... U.S. 493 , 500, 87 S. Ct. 616 , 620, 17 L. Ed.2d 562 , 567 (1967)(holding "the protection of the individual ... S. 70 , 84, 94 S. Ct. 316 , 325-26, 38 L. Ed.2d 274 , 285-86 (1973) ("given adequate immunity, ...

docket:	A1003-99
court:	NJ Superior Court Appellate Division
decided:	2001-04-24
status:	published
citation:	339 N.J. Super. 429
Document Size:	35227

3380 STATE OF NEW JERSEY v. MICHAEL BOREK -- rank: 343

... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). Appellant ... violation of N.J.S.A. 2C:12-1(b)(2) (count five). Defendant's first jury trial, which took place ... Wade , 388 U.S. 281, 87 S. Ct. 1926 , 18 L. Ed.2d 1149 (1967)] hearing." Defendant also alleged that his attorney ... we're dealing with cross-racial issues, [ State v. Cromedy , 158 N.J. 112 (1999)] directs that there is not a ... all of defendant's arguments are clearly without merit. R. 2:11-3(e)(2). The PCR judge––who ...

docket:	a2877-07
court:	superior court appellate division
decided:	2007-06-15
status:	Unpublished
citation:
Document Size:	26757

3381 HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS -- rank: 343

... s notes, testimony was presented by Naulty, his wife, John L. Gaffney, D.O., and Kenneth C. Peacock, M.D. Naulty ... orthopedic residuals for a right pedicle L5 stress reaction. Number 2 was a herniated disc, lumbar spine at L5-S1. Number ... reported back pain in the spring and fall "further strenghten[ed] and support[ed Gaffney's] opinion" because "[t]hose particular [times] . . . coincide[d ... did not lead to back pain." Rather, the study "look[ed] at repetitive back conditions and other causes that could lead ... judge's conclusions of law is de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a5221-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-26
status:	unpublished
citation:
Document Size:	53387

3382 IN THE MATTER OF MARIO LALAMA -- rank: 343

... public employee, in violation of N.J.A.C. 4A:2-2.3(a)(6); violating the Fire Department's rules and regulations, in violation of N.J.A.C. 4A:2-2.3(a)(11); failing to conduct his private life in ... avoid bringing the Department into disrepute, in violation of section 2:1.1 of the municipal ordinance governing the conduct of ... duly prescribed and necessary for health, in violation of section 2:2.12 of the ordinance.     After a departmental hearing, ...

docket:	A1275-99
court:	NJ Superior Court Appellate Division
decided:	2001-08-10
status:	published
citation:	343 N.J. Super. 560
Document Size:	18697

3383 CURTIS J. CHIUMENTO v. CAMDEN COUNTY SHERIFF'S DEPARTMENT -- rank: 343

... the cause for appellant/cross-respondent (Pietras Saracino, attorneys; Jody L. Meeks, on the brief). Herbert J. Stayton, Jr., argued the ... EMG revealed "bilateral carpal tunnel syndrome, otherwise normal." On November 2, 1999, petitioner filed a report concerning the September 23, 1999 ... 1999 U.S. Healthworks report indicated a diagnosis of "R/L lat[eral] epicondylitis," and suggested "lubricat[ing] and repair[ing ... which was aggravated by the doors jamming and sticking; and 2) his duties required that the problematic doors be opened up ... next day; and he physically returned to work on May 2, 2001. Petitioner testified, however, that he did not receive medical ... Judge filed an amplification of her decision pursuant to Rule 2:5-1(b), addressing the issues raised by both ...

docket:	A0613-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-31
status:	unpublished
citation:
Document Size:	80478

3384 STATE OF NEW JERSEY v. TARIK MANIGO -- rank: 343

... injury by defendant's conduct in eluding. State v. Wallace , 158 N.J. 552 , 560 (1999) (finding that the time of ... case law. As the Supreme Court explained in Wallace , supra , 158 N.J. at 559-60, a showing of actual risk ... no error whatsoever, let alone any plain error under R. 2:10-1, in the manner in which the eluding statute ... States , 223 U.S. 442 , 32 S. Ct. 250 , 56 L. Ed. 500 (1912); Hudson , supra , 119 N.J. at 173-74 ... at 454-60, 32 S. Ct. at 253-56, 56 L. Ed. at 506; Hudson , supra , 119 N.J. at ...

docket:	A1822-05
court:	NJ Superior Court Appellate Division
decided:	2007-10-22
status:	unpublished
citation:
Document Size:	77918

3385 IN THE MATTER OF BOARD OF FIRE COMMISSIONERS, FIRE DISTRICT NO.1 -- rank: 343

... case can also be found at 443 N.J.Super. 158 or 128 A.3d 189. (NOTE: The status of this ... Monroe Township (Apruzzese, McDermott, Mastro & Murphy, P.C., attorneys; James L. Plosia, Jr., of counsel and on the brief; Mr. Cohen ... of Firefighters, Local 3170 (Law Offices of Daniel J. Zirrith, L.L.C., attorneys; Mr. Zirrith, of counsel and on the brief ... firefighters in retaliation for charges brought by Local 3170, and (2) concluding that its proffered reason, i.e., to cut costs ... a substantial or motivating factor in terminating the paid firefighters; (2) PERC erroneously substituted its judgment for that of the ...

docket:	a0765-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-08
status:	published
citation:	443 N.J.Super. 158 128 A.3d 189
Document Size:	63594

3386 STATE OF NEW JERSEY v. CHARLES JACKSON -- rank: 343

... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). "'[T]o warrant a new trial the ... Id. at 438 (quoting State v. Smith , 167 N.J. 158 , 181-82 (2001)). In general, a prosecutor's fallacy occurs ... U.S. 120 , 128, 130 S. Ct. 665 , 670, 175 L. Ed.2d 582 , 588 (2010). Here, the assistant prosecutor's description ... clearly capable of producing an unjust result." Ibid. (quoting R. 2:10-2). Whether to give the false-in-one, ...

docket:	a5614-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-06
status:	unpublished
citation:
Document Size:	28002

3387 STATE OF NEW JERSEY v. FREDERICK SCOTT -- rank: 343

... Public Defender, of counsel and on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (James F. Smith ... a German Shepherd named Chase. Melendez said that, at approximately 2:48 a.m. on October 23, 2005, he was told ... Jersey , 532 U.S. 932 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001); State v. Carroll , 256 N.J. Super ... present in these situations is viewed so seriously by our [L]egislature in New Jersey that we have made it a ... denied , 532 U.S. 931 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001)). Even if they are considered ...

docket:	a2100-06
court:	NJ Superior Court Appellate Division
decided:	2008-10-08
status:	unpublished
citation:
Document Size:	49536

3388 STATE OF NEW JERSEY v. ISRAEL HIRALDO -- rank: 343

... s wallet. The four men then fled. A-2599-21 2 The victim immediately called 9-1-1 and gave the ... armed robbery, N.J.S.A. 2C:15-1(a)(2) (Count One), second-degree unlawful possession of a weapon, N ... conspiracy to commit robbery, N.J.S.A. 2C:5-2 (Count Five). Defendant's trial began on February 7, 2022 ... Release Act (NERA), N.J.S.A. 2C:43-7.2.2 On Count Two, the judge sentenced defendant to a concurrent ... parole ineligibility. Additionally, the judge sentenced defendant to a concurrent 2 The judge merged the convictions on Counts Three and ...

docket:	a2599-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-14
status:	Unpublished
citation:
Document Size:	45422

3389 MARJAM SUPPLY CO., INC v. AMERICAN CONTRACTORS OF NEW JERSEY, LLC, -- rank: 343

... Court of New Jersey, Law Division, Hudson County, Docket No. L-1359-19. Pribish-Reiss, LLP, attorneys for appellant/cross- respondent ... s written decision rather than the judgment. A-0838-21 2 The trial court referred the matter to non-binding arbitration ... credit agreement for American, marked as D-3 at trial.2 He told the judge he did not sign P-4 ... for the original signed credit agreement when he received the 2 Exhibit D-3 was the document found by Pallonetti's ... has no banner at the top . . . and the metadata show[ed] that it [was] an [eight] bit image.' The judge further ... emailed by American's administrative assistant to Marjam on October 2, 2014; and P-4, as presented by Marjam in ...

docket:	a0838-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-20
status:	Unpublished
citation:
Document Size:	24804

3390 STATE OF NEW JERSEY v. MAURICE SHABAY MALACHI -- rank: 343

... Geoffrey D. Soriano, Somerset County Prosecutor, attorney for respondent (James L. McConnell, Assistant Prosecutor, of counsel and on the brief). PER ... a 'patent and gross abuse of discretion.'" State v. Caliguiri , 158 N.J. 28 , 37 (1999) (quoting Wallace , supra , 146 N ... Cnty. Prosecutor , 171 N.J. 561 , 572 (2002); Caliguiri , supra , 158 N.J. at 37; State v. Bender , 80 N.J ... the crime was (1) part of organized criminal activity; or (2) part of a continuing criminal business or enterprise; or (3 ... of Schedule I or II narcotic drugs as defined in L. 1970, c. 226 ([ N.J.S.A. ] 24:21-1 ... offenders should not be precluded from PTI. See Caliguiri , supra , 158 N.J. at 39. We are satisfied that the ...

docket:	a6438-08
court:	NJ Superior Court Appellate Division
decided:	2012-06-19
status:	unpublished
citation:
Document Size:	28599