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3391 Neno v. Clinton -- rank: 343

... did not render admissible their hearsay statements. (Pp. 8-9) 2. In a variety of circumstances, an investigating officer's lay ... NENO, JOAO NENO and MICHELLE NENO,     Plaintiffs-Appellants,                  v. DEREK L. CLINTON and GILSONITE MUSIC IND., INC.,     Defendants-Respondents,         and STATE ... Plaintiffs filed a notice of appeal as of right, R. 2:2-1(a), and a petition for certification. We granted the ... 801(c). Long considered “untrustworthy and unreliable,” State v. White , 158 N.J. 230 , 238 (1999), “[h]earsay is not admissible ... 453 , 465 (1985); see McCormick on Evidence § 245 (5 th ed. 1999) (indicating that hearsay statements made out-of-court, ...

docket:	a-129-99
court:	njsupreme
decided:	2001-05-16
status:
citation:	167 N.J. 573
Document Size:	47513

3392 STATE OF NEW JERSEY v. OMAR PARDO -- rank: 343

... Frank M. Gennaro, Designated Counsel, on the brief). Theodore F.L. Housel, Atlantic County Prosecutor, attorney for respondent (Courtney M. Cittadini ... 545 U.S. 1145 , 125 S. Ct. 2973 , 1 622 L. Ed.2d 898 (2005); State v. Goodman , 415 N.J. Super ... the crime charged. State v. D.A. , 191 N.J. 158 , 163 (2007); State v. Reyes , 50 N.J. 454 , 458 ... U.S. 307 , 319, 99 S. Ct. 2781 , 2789, 61 L. Ed.2d 560 , 573 (1979)). Defendant argues that the sexual ...

docket:	a2633-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-07
status:	unpublished
citation:
Document Size:	40623

3393 STATE OF NEW JERSEY v. TROY J. BLEVIN -- rank: 343

... for appellant (Alison Perrone, Designated Counsel, on the brief). Robert L. Taylor, Cape May County Prosecutor, attorney for respondent (Gretchen A ... U.S. 78 , 88, 55 S. Ct. 629 , 633, 79 L. Ed. 1314 , 1321 (1935)). While prosecutors may strike hard blows in ... prosecutor's conduct must be "clearly and unmistakably improper" and (2) it "must have substantially prejudiced defendant's fundamental right to ... the record. See State v. Brown , 190 N.J. 144 , 158-59 (2007). Here, the prosecutor's questions were directed to ... crimes" evidence "suggesting" that defendant filed a false tax return. 2 Here defendant and the State entered into a pre- ...

docket:	a5736-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-23
status:	unpublished
citation:
Document Size:	35590

3394 STATE OF NEW JERSEY v. PETER KLAH -- rank: 343

... appellant (Michael C. Kazer, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Kathleen M ... first-degree murder, N.J.S.A. 2C:11-3a(2); second-degree possession of a weapon for an unlawful purpose ... stolen property, N.J.S.A. 2C:20-7, 2C:2-6; and third-degree possession of a controlled dangerous substance ... school property, N.J.S.A. 2C:35-7, 2C:2-6. After appropriate mergers, the trial judge sentenced defendant on ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The sentences on the other convictions were to run concurrent ... partner approached the passenger side. According to Przemieniecki, he "approach[ed] the vehicle[,] . . . opened the driver-side door and removed ...

docket:	a1271-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-28
status:	unpublished
citation:
Document Size:	47745

3395 STATE OF NEW JERSEY v. DWAYNE S. JOHNSON -- rank: 343

... N.J.S.A. 2C:11-3(a)(1) and (2) (count one); first-degree robbery, N.J.S.A. 2C ... theft from a person, N.J.S.A. 2C:20-2(b)(2)(d), amended from first-degree robbery, and not guilty on ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and to a consecutive four-year term of imprisonment on ... AGGRAVATING FACTOR N.J.S.A. 2C:44-1[(a)](2) WAS APPLICABLE. (B) THE TRIAL COURT MISAPPLIED ITS DISCRETION IN ... N.J.S.A. 2C:11-3(a)(1) and (2), and found the video was relevant and probative, as ...

docket:	a2758-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-30
status:	unpublished
citation:
Document Size:	60281

3396 PHH MORTGAGE CORPORATION v. JAYNE A. GARNER -- rank: 343

... under the abuse of discretion standard. U.S. Bank Nat'l Ass'n v. Guillaume , 209 N.J. 449, 467 (2012 ... one year of entry of the judgment. R. 4:50-2. Defendant's motion was filed on November 15, 2011, slightly ... must be made within a "reasonable time." R. 4:50-2; Bascom Corp. v. Chase Manhattan Bank , 363 N.J. Super ... denied , 542 U.S. 938 , 124 S. Ct. 2911 , 159 L. Ed.2d 813 (2004); Garza v. Paone , 44 N.J. Super ... N.J. Court Rules , comment 3 on R. 4:50-2 (2013). The interests of both parties must be borne ...

docket:	a2920-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-10
status:	unpublished
citation:
Document Size:	28454

3397 STATE OF NEW JERSEY v. KEVIN B. JOHNSON -- rank: 343

... was insufficient to support his conviction for second-degree burglary; 2) refused to grant an evidentiary hearing on defendant's claim ... in his pre-sentence investigation (PSI), see R. 3:21-2(a). She held that the PSI, when considered in tandem ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984). First, defendant must show that defense counsel ... U.S. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698. The precepts of Strickland have been ...

docket:	a5152-07
court:	superior court appellate division
decided:	2010-03-19
status:	unpublished
citation:
Document Size:	37499

3398 STATE OF NEW JERSEY v. LOUIS CLARKE -- rank: 343

... Release Act (NERA), N.J.S.A. 2C:43-7.2. The court also imposed the mandatory fines and penalties. Approximately ... performed all four of the robberies. During the interview, at 2:50 a.m. the officers gave defendant food. Defendant's ... v. Washington , 466 U.S. 668 , 104 S. Ct. 2052, L. Ed.2d 674 (1984) and adopted by the New Jersey Supreme ... s performance fell below an objective standard of reasonableness, and (2) that there is a reasonable probability that, but for counsel ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997)). "To establish a prima facie ...

docket:	a5048-06
court:	njappellate
decided:	2008-05-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	65094

3399 STATE OF NEW JERSEY v. QUADIR GRAHAM -- rank: 343

... intent to distribute heroin, N.J.S.A. 2C:5-2; third-degree possession of heroin with intent to distribute, N ... NO EVIDENCE THAT THE DEFENDANT WAS CONNECTED WITH ANY GANGS. 2. The State improperly relied on evidence that the defendant was ... error because defense counsel did not object at trial, R. 2:10-2, and the prosecutor's comment did not produce an unjust ... was denied a fair trial. Ibid. In State v. Frost , 158 N.J. 76 (1999), the Supreme Court devised a three ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether ...

docket:	a3582-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-10
status:	unpublished
citation:
Document Size:	39693

3400 RIYA FINNEGAN, LLC v. TOWNSHIP COUNCIL OF SOUTH BRUNSWICK -- rank: 343

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-2271-05. Anthony M. Campisano argued the cause for appellant (Bucca & Campisano, attorneys; Mr. Campisano, on the brief). Henry L. Kent-Smith argued the cause for respondent (Saul Ewing, attorneys ... of Deans Rhode Hall Road in Deans, adjacent to R-2, RM-4 and AH uses, at the intersection of Route ... that the rezoning (1) was inconsistent with the Master Plan; (2) constituted spot zoning; (3) was arbitrary, capricious, and unreasonable; and ... fundamental principles of zoning or the [zoning] statute.'" Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... general purposes enumerated in N.J.S.A. 40:55D-2: a. To encourage municipal action to guide the appropriate ...

docket:	a3513-05
court:	njappellate
decided:	2007-07-03
status:	published
citation:	394 N.J. Super. 303
Document Size:	69706

3401 KEITH LAUDEMAN v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, LAND USE REGULATION -- rank: 343

... nature of the exemption is explained below. A-0315-21 2 facilitate navigation and commerce.' Last Chance Dev. P'ship v ... N.J.S.A. 13:19-5, 13:19-5.2, and 13:19-5.3). In part, 'DEP exercises its ... dock. The permits expired before the authorized work was completed.2 Notably, Laudeman never sought a Zane Exemption for his 2005 ... dock. A Coastal GP5 authorizes 'reconstruction . . . of a legally constructed, 2 According to DEP, its regulations for permits for the reconstruction ... water.' Dep't of Transp., Mean High Water Manual § 2.1, at 8 (2008). 'Mean high water' is defined as ... solely for residential purposes . . . . [N.J.A.C. 7:7-2.4.] In November 2018, the agency emailed Laudeman advising ...

docket:	a0315-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-22
status:	Unpublished
citation:
Document Size:	35157

3402 Gibson v. Callaghan -- rank: 343

... 5.1 Version This case can also be found at 158 N.J. 662. SYLLABUS (This syllabus is not part of ... extend coverage are to be read broadly. (pp. 8-11) 2. Whether a relative of a named insured is a resident ... page as the insured and that person's resident spouse. 2. “Allstate”, “We”, “Us” or “Our” -- means the company named on ... W.2d 410 , 412. [ Black's Law Dictionary 740 (6th ed. 1990).] Because Marcella Callaghan and Maccia had never lived together ... reasonable expectations of the insured. American Motorists Ins. Co. v. L-C-A Sales Co. , 155 N.J. 29 , 41 (1998 ... Insurance Law Rights at Variance with Policy Provisions , 83 Harv. L. Rev. 961, 967 (1970) (“The objectively reasonable expectations of ...

docket:	a-32-98
court:	njsupreme
decided:	1999-07-08
status:
citation:	158 N.J. 662
Document Size:	51074

3403 LUIS VEGA v. THE CITY OF NEWARK -- rank: 343

... Court of New Jersey, Law Division, Essex County, Docket No. L-8010-10. Gary S. Lipshutz, Assistant Corporation Counsel, argued the ... Kahn, Wikstrom & Sinins, attorneys; Mr. Javerbaum, on the brief). Karen L. Jordan, Deputy Attorney General, argued the cause for respondent State ... the Star Ledger on February 6 from plaintiff's relatives. 2 The article revealed that a witness, Nelson Letra, had seen ... the left lane. Letra called 9-1-1 at approximately 2:55 a.m. to report his observations, and, when no ... plaintiff's physical and neurological injuries were significant and "prevent[ed] him from retaining counsel." As a result, plaintiff demonstrated "'sufficient ... J. 126 , 134 (1994) (quotation omitted); accord Lowe v. Zarghami , 158 N.J. 606 , 629 (1999). The TCA does not ...

docket:	a1749-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-10
status:	unpublished
citation:
Document Size:	24404

3404 T1JDME ACQUISITIONS, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 343

... of allowing the historic fill material to remain onsite outweigh[ed] the permanent impacts of constructing the new residential development[.]" Second ... Act (FHACA) rules, specifically, N.J.A.C. 7:13-2.13(a)(3). Additionally, according to the calculations provided by ... of that decision is a limited one." In re Taylor , 158 N.J. 644, 656 (1999). "We will not reverse an ... s decision unless: (1) it was arbitrary, capricious, or unreasonable; (2) it violated express or implied legislative policies; (3) it offended ... Prot. , 191 N.J. 38 , 48 (2007) ( citing Taylor , supra , 158 N.J. at 656).] "The fundamental consideration in reviewing agency ... of Liquid Assets Upon Dissolution of the Union County Reg'l High Sch. Dist. No. 1 , 168 N.J. 1 , ...

docket:	a3054-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	unpublished
citation:
Document Size:	38320

3405 STATE OF NEW JERSEY v. JULIAN REY-ARANGO -- rank: 343

... No. 5988. Hugo Villalobos argued the cause for appellant. Meredith L. Balo, Assistant Prosecutor, argued the cause for respondent (Theodore J ... III.(1). Failure to admit the foundational documents. Point III.(2). Failure to prove the officers had probable cause and a ... City of Elizabeth. Sometime between 1:30 a.m. and 2:30 a.m., they came upon a car that was ... Alcotest. The paperwork indicated that defendant had been arrested at 2:21 a.m. and he consented to the Alcotest at 2:51 a.m. Chrysler testified that, as they waited for ... up the Alcotest and then administered it to defendant at 2:59 a.m. He testified he had no personal ...

docket:	a4034-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-26
status:	unpublished
citation:
Document Size:	35159