Search Rutgers Law Library N.J. Court Opinions

3646 MALDEN REAL ESTATE v. CYCLE CRAFT, INC. -- rank: 325

... Court of New Jersey, Law Division, Morris County, Docket No. L-2052-08. Robert W. Mauriello, Jr. argued the cause for ... the nation." Cox v. Sears Roebuck & Co. , 138 N.J. 2 , 15 (1994) (internal quotation marks omitted). Violations of the CFA ... the litigation." N. Bergen Rex Transp. v. Trailer Leasing Co. , 158 N.J. 561 , 570 (1999) (citing Singer v. State , 95 ... denied , 469 U.S. 832 , 105 S. Ct. 121 , 83 L. Ed.2d 64 (1984)). The Court in Singer adopted a two ... U.S. 122 , 127, 100 S.Ct. 2570 , 2576, 65 L. Ed.2d 653 , 658 (1980)). Here, although Cycle was ...

docket:	a0798-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-06
status:	unpublished
citation:
Document Size:	22451

3647 STATE OF NEW JERSEY v. HERBERT BROWN -- rank: 325

... and unduly prejudicial. Defendant must demonstrate plain error under Rule 2:10-2 to prevail. Plain error is 'error possessing a clear capacity ... deprive defendant of a fair trial. See State v. Frost, 158 N.J. 76, 83 (1999) (to constitute reversible error, prosecutorial ... Attorney General's Guidelines were properly followed' and the identification 2 United States v. Wade, 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed. 2d 1149 (1967). A-0726-07T4 11 procedures utilized ...

docket:	a0726-07
court:	superior court appellate division
decided:	2010-07-27
status:	unpublished
citation:
Document Size:	14316

3648 STATE OF NEW JERSEY v. MARTESE G. GILLIAM -- rank: 325

... third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(a). The trial judge then found defendant guilty ... his friends. Bloomfield Police Officer George Bambera testified that around 2 a.m. the nightclub was closing and people were leaving ... 79, cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). 1 On cross-examination, defense counsel asked ... keep his mouth completely closed and blow into the machine. 2 Defense counsel argued that, if Apgar had been recalled, ...

docket:	a1705-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-05
status:	unpublished
citation:
Document Size:	29839

3649 IN THE MATTER CIVIL COMMITMENT OF G.G.N -- rank: 325

... on cross-examination that that part of his report "seem[ed] to follow along" with the State's petition for commitment ... a half-hour on the day of the hearing, August 2, 2002. Gnassi said G.G.N. does not have any ... D.T.C. where there was alleged sexually acting-out. 2 When asked if G.G.N. is currently at high ... of discretion standard. Pressler, Current N.J. Court Rules , comment 2.4 on R. 2:10-1 (Gann 2003) (citing State v. Brown , 170 N ... Supreme Court in Crawford v. Washington , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). There, the Court held ...

docket:	A1133-02
court:	NJ Superior Court Appellate Division
decided:	2004-08-20
status:	published
citation:	372 N.J. Super. 42 855 A.2d 569
Document Size:	54734

3650 ELON ASSOCIATES, L.L.C. v. TOWNSHIP OF HOWELL, et al. -- rank: 325

... NEW JERSEY                             APPELLATE DIVISION                             DOCKET NO. A-0 ELON ASSOCIATES, L.L.C.,         Plaintiff-Appellant,         v. TOWNSHIP OF HOWELL, PLANNING BOARD OF ... NEW JERSEY COUNCIL ON AFFORDABLE HOUSING,         Defendants-Respondents. _____________________________________         Argued June 2, 2004 - Decided July 1, 2004         Before Judges Skillman, Coburn and ... Court of New Jersey, Law Division, Monmouth County, Docket No. L-742-01. Jeffrey Kantowitz argued the cause for appellant (Goldberg ... compliance plan to satisfy its "second cycle" obligations, See footnote 2 which COAH determined to be 1109 housing units, of which ... denied , 423 U.S. 808 , 96 S. Ct. 18 , 46 L. Ed.2d 28 (1975); Southern Burlington County N.A. ...

docket:	A0661-02
court:	NJ Superior Court Appellate Division
decided:	2004-07-01
status:	published
citation:	370 N.J. Super. 475 851 A.2d 714
Document Size:	24231

3651 STATE OF NEW JERSEY v. TIMOTHY A. PAZIORA -- rank: 325

... about a just conviction. [ State v. Smith , 167 N.J. 158 , 177 (2001) (internal citations and quotations omitted).] Our own jurisprudence ... 127 N.J. 553 (1991). A prosecutor is "not expect[ed] . . . to perform this burdensome obligation with the daintiness of a ... prosecutorial misconduct will be grounds for reversal. State v. Frost , 158 N.J. 76 , 83 (1999). Only where the prosecutor's ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the ... A Standards for Criminal Justice § 3-5.8(a) (3d ed. 1993). Among the instances in which reviewing courts have condemned ... calendar. Defendant maintains that the prosecutor's remarks unfairly "attempt[ed] to create the illusion that [Kate's] story was ...

docket:	a1396-08
court:	superior court appellate division
decided:	2010-06-10
status:	Unpublished
citation:
Document Size:	89671

3652 STATE OF NEW JERSEY v. BARBARA E. DOYLE -- rank: 325

... Submitted: December 9, 2009 - Decided: Before Judges Payne and C.L. Miniman. On appeal from Superior Court of New Jersey, Law ... test, contrary to N.J.S.A. 39:4-50.2, and the sentence imposed of a seven-month suspension of ... 64, 74-75, cert. denied , U.S. , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). The readings generated by the device from ... four minimum criteria: "(1) minimum volume of 1.5 liters; (2) minimum blowing time of 4.5 seconds; (3) minimum ...

docket:	a3522-08
court:	superior court appellate division
decided:	2010-03-12
status:	Unpublished
citation:
Document Size:	56040

3653 STATE OF NEW JERSEY v. EDWARD O. MCKINNEY -- rank: 325

... Release Act (NERA), N.J.S.A. 2C:43-7.2, with the remaining counts to run concurrently. The judge did ... 65 (2006); and N.J.S.A. 2C:44-1c(2). The State presented the testimony of two men who claimed ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). These remarks were no more than innocuous platitudes and not ... basis in the record in the course of his summation. 2 Responding to defense counsel's point that the victims had ... vigorous and forceful closing arguments to juries. State v. Frost , 158 N.J. 76 , 82 (1999). So long as their ...

docket:	a5379-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-30
status:	unpublished
citation:
Document Size:	32463

3654 JOSEPH J. NEWMAN v. EDWARD DEFAZIO -- rank: 325

... Donato J. Battista, Hudson County Counsel, attorney for appellant (Michael L. Dermody, First Assistant County Counsel, on the briefs). John J ... degree promoting prostitution, N.J.S.A. 2C:34-1b(2); third-degree conspiracy to promote prostitution and distribute cocaine, N.J.S.A. 2C:5-2, N.J.S.A. 2C:34-1b(2), N.J.S.A. 2C:35-5a(1), and N ... narcotics trafficking network, N.J.S.A. 2C:35-3. 2 Following Ruis' arrest, a number of items, including approximately $300 ... evidence in the record as a whole.'" In re Taylor , 158 N.J. 644 , 657 (1999) (quoting Henry v. Rahway ...

docket:	a2127-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-18
status:	unpublished
citation:
Document Size:	23341

3655 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.W. -- rank: 325

... He did, however, appear at the next hearing on July 2, 2010. On that day, he refused to submit to a ... trial hearing in the guardianship action. By then, Dr. James L. Loving, a psychologist, had issued reports concerning his psychological evaluation ... the FD complaint defendant's mother had filed, but "suspect[ed] . . . based upon the representations of counsel . . . [it was] an application ... 66 (2010); N.J. Div. of Youth & Family Servs. v. L.J.D. , 428 N.J. Super. 451 , 477 (App. Div ... and State Constitutions protect the inviolability of the family unit.'"  L.J.D. , supra , 428 N.J. Super. at 477 (quoting ... App. Div. 1998), vacated on other grounds , 163 N.J. 158 (2000)). A parent's right to raise a child, ...

docket:	a2931-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-19
status:	unpublished
citation:
Document Size:	74717

3656 STATE OF NEW JERSEY v. PAUL W. KERSEY, JR. -- rank: 325

... proceeded despite defendant's request for additional delay. We affirm. 2 The State's principal witness was an investigator employed by ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004); State v. Buda , 195 N.J. 278 ... must: (1) be made in the regular course of business, (2) within a short time of the events described in it ... the statement was credible and inculpatory. See State v. White , 158 N.J. 230 , 246-47 (1999). There must be ...

docket:	a5275-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-07
status:	unpublished
citation:
Document Size:	33999

3657 STATE OF NEW JERSEY v. CHARLES BOND -- rank: 325

... following conditions: (1) 193 days in county jail (time served), (2) compliance with the conditions of Megan's Law, including CSL ... 1) DEFINE THE "SPECIAL SENTENCE" OF COMMUNITY SUPERVISION FOR LIFE, (2) DEFINE THE CRIME OF BREACHING ANY CONDITION OF THAT SPECIAL ... fails to (1) adequately describe what conduct it proscribes and (2) define what comprises "good cause." Defendant also asserts that " N ... dangerous substance . . . as defined in N.J.S. 2C:35-2 and N.J.S. 2C:35-11 . . . ." Therefore, the Legislature ... 43-6.4 because (1) "community supervisees" are not parolees, (2) N.J.S.A. 2C:43-6.4 does not ... S. 337 , 340, 72 S. Ct. 329 , 330-31, 96 L. Ed. 367 , 371 (1952)).]     Defendant's contention that N. ...

docket:	a5021-01
court:	njappellate
decided:	2003-12-17
status:	published
citation:	365 N.J.Super. 430 365 N.J. Super. 430
Document Size:	31818

3658 STATE OF NEW JERSEY v. EDGARDO ACEVEDO -- rank: 325

... 03-04-0769. Curtis J. LaForge, attorney for appellant. John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... for second degree burglary, N.J.S.A. 2C:18-2 (count one), and simple assault, a lesser included offense of ... Early Release Act, N.J.S.A. 2C:43-7.2, and on count two (simple assault) to a concurrent six ... conduct deprived defendant of a fair trial. State v. Frost , 158 N.J. 76 , 83 (1999). To warrant reversal, the prosecutor ... merits of his defense.'" State v. Smith , 167 N.J. 158 , 182 (2001) (quoting State v. Timmendequas , 161 N.J. 515 ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001)). In making this determination, the ...

docket:	a4232-04
court:	njappellate
decided:	2006-08-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	40313

3659 STATE OF NEW JERSEY v. HAJES K. RABAIA -- rank: 325

... State v. Rabaia , No. A-1013-08 (App. Div. Feb. 2, 2011) (slip op. at 2-4).] Defendant was charged under Atlantic County Indictment No. 07 ... Early Release Act, N.J.S.A. 2C:43-7.2. Defendant filed a direct appeal, and on February 21, 2011 ... to adequately correspond with defendant prior to trial and sentencing; (2) failed to seek copies of original security videos used to ... must establish: (1) "'that counsel's performance was deficient'"; and (2) that "there is 'a reasonable probability that, but for counsel ... 668 , 687-94, 104 S. Ct. 2052 , 2064-68, 80 L. Ed.2d 674 , 693-98 (1984)). Defendant is generally ...

docket:	a1470-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-06
status:	unpublished
citation:
Document Size:	18431

3660 STATE OF NEW JERSEY v. TROY VALENTINE -- rank: 325

... charge for third-degree burglary. See Model Jury Charge (Crimina l) , "Burglary in the Third Degree" (1997). The use of model ... 325 , 333-35 (App. Div. 1998), aff'd o.b. , 158 N.J. 149 , 150 (1999). Even so, at times "it ... offense of burglary under N.J.S.A. 2C:18-2 requires proof beyond a reasonable doubt of the following elements: (1) defendant entered a structure or research facility; (2) without permission; and (3) with the purpose to commit an ... criminal trespass if he: (1) "enters or surreptitiously remains in[;]" (2) a "research facility, structure, or separately secured or occupied portion ... S. 205 , 212-13, 93 S. Ct. 1993 , 1998, 36 L. Ed.2d 844 , 850 (1973) (emphasis in original); s ...

docket:	a5236-07
court:	superior court appellate division
decided:	2010-08-27
status:	unpublished
citation:
Document Size:	49663