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3766 STATE OF NEW JERSEY v. BRYAN J. BLACK -- rank: 317

... a RICARDO ROOTER, Defendant-Appellant. ________________________________________________________________ August 10, 2017 Argued May 2, 2017 – Decided Before Judges Koblitz and Rothstadt. On appeal ... attorney; Mr. Hunter, of counsel and on the brief). Kimberly L. Donnelly, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the ... The facts adduced at the hearing are summarized as follows. 2 On November 6, 2013, Muhammad and Alston were patrolling in ... admission of the narcotics he threw away because he "attempt[ed] to discard the bag away from his person when he ... U.S. 91 , 98, 110 S. Ct. 1684 , 1689, 109 L. Ed.2d 85 , 94 (1990))), McLeanor was authorized to give ...

docket:	a0737-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-10
status:	unpublished
citation:
Document Size:	33480

3767 STATE OF NEW JERSEY v. MARCOS HERNANDEZ -- rank: 317

... U.S. 36 , 53-54, 124 S. Ct. 1354 , 1365, 158 L. Ed.2d 177 , 194 (2004). A testimonial statement is "typically '[a ... some fact.'" Id. at 51, 124 S. Ct. at 1364, 158 L. Ed. 2d at 192 (quoting 2 N. Webster, An American ...

docket:	a5981-07
court:	superior court appellate division
decided:	2010-03-09
status:	unpublished
citation:
Document Size:	38941

3768 WILLIAM GAUGHAN v. DEPTFORD TOWNSHIP MUNICIPAL UTILITIES AUTHORITY -- rank: 317

... Court of New Jersey, Law Division, Gloucester County, Docket No. L-1368-15. Jacqueline M. Vigilante argued the cause for appellant ... 463-64 (App. Div. 2000). We affirm. A-5044-16T3 2 I. The record demonstrates that plaintiff was employed by the ... that he was 'in fear of his life . . . and want[ed B.N.] removed permanently from the workplace.' The detective investigating ... expressing concerns about his safety because B.N. was present.2 On October 14, 2014, defendant's labor counsel responded to ... in investigating the complaint of workplace violence, the complaint was 2 R.H. had ordered B.N. to come into work ... matter of law.' [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 224 N.J. ...

docket:	a5044-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-28
status:	Unpublished
citation:
Document Size:	23375

3769 DIVISION OF YOUTH AND FAMILY SERVICES v. H.F. and A.S IN THE MATTER OF THE GUARDIANSHIP OF A.A.S., a minor -- rank: 314

... Krakora, Public Defender, attorney; Ms. Heilman, on the brief). Jennifer L. Gottschalk, Designated Counsel, argued the cause for appellant A.S ... her son M.P.'s biological father, M.T.P. 2 Alice's biological father, defendant H.F. ("the father"), was ... been involved in a domestic violence incident in October 2007; (2) following the incident, she had left her children alone with ... ongoing drug screening. At the Division's request, Victoria Larsen, Ed. D., completed a psychological evaluation of the father in December ... Psy. D., a psychologist retained by the Division; Richard Klein, Ed. D., a psychologist retained by the mother; and Ronald G ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the ...

docket:	a5797-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-19
status:	unpublished
citation:
Document Size:	79465

3770 ROOSTER BAR LLC. v. BOROUGH OF CLIFFSIDE PARK -- rank: 314

... Court of New Jersey, Law Division, Bergen County, Docket No. L-9776-10. Richard S. Mazawey, attorney for appellants. Law Office ... in the Borough, and that Hovsep was a manager there 2 . Henry's was also originally named as a plaintiff. The ... upon a public entity under N.J.S.A. 59:2-5; and (2) of the fourteen occurrences of alleged wrongful conduct cited by ... genuine issues of material fact exist which preclude summary judgment; (2) the trial court erred in failing to interpret and apply ... basis for their claims of financial loss. Rule 4:46-2(c) directs that summary judgment must be granted "if ...

docket:	a1022-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-01
status:	unpublished
citation:
Document Size:	28161

3771 Palanque v. Lambert-Woolley -- rank: 314

... prejudice unless extraordinary circumstances prevented the filing. (Pp. 7-8). 2.    Attorney inadvertence does not constitute extraordinary circumstances that will excuse ... requires (1) the lack of prejudice to the defending party; (2) a series of steps taken to comply with the statute ... Division, whose opinion is reported at 327 N.J. Super. 158 (2000).     David P. Corrigan argued the cause for appellant ( Hobbie ... the cause for respondent ( Grossman, Kruttschinitt, Heavey & Jacob , attorneys). William L. Gold submitted a brief on behalf of amicus curiae , Association ... a dilation and curettage procedure and a laparoscopy. See footnote 2 2 Those procedures revealed that plaintiff was not pregnant.     Plaintiff ...

docket:	a-16-00
court:	njsupreme
decided:	2001-06-21
status:
citation:	168 N.J. 398
Document Size:	35254

3772 STATE OF NEW JERSEY v. SAEED T. ELLIS -- rank: 314

... Plaintiff-Respondent, v. SAEED T. ELLIS, Defendant-Appellant. _____________________________________________________ Submitted December 2, 2009 - Decided Before Judges Fisher and Espinosa. On appeal from ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004), and thereby prejudiced defendant's right to ... error was not capable of producing an unjust result. R. 2:10-2. Lastly, defendant contends that the sentence imposed was excessive. ...

docket:	a6260-07
court:	superior court appellate division
decided:	2009-12-11
status:	unpublished
citation:
Document Size:	38173

3773 NICHOLAS J. SPADORO v. JOSEPH GENTILE -- rank: 314

... based on a consumer fraud and breach of contract claim; (2) a suit filed by Riggins, Inc., seeking $8,158 for fuel purchases; (3) a $50,000 default judgment obtained ... of: (1) $2500 to Riggins, Inc., on February 1, 2002; (2) $91,000 to Hilsenroth (to satisfy the Summit judgment) on ... on June 14, 2002; (5) $5000 to Provident on July 2, 2002; (6) $89,303 to the IRS on July 17, 2002; and (7) $5000 to Feliz Rodriguez on October 2, 2002. They took assignments of some of the claims, but ... At the conclusion of a non-jury trial, Judge Travis L. Francis stated that he was "shocked at the inconsistency" ...

docket:	a0971-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-18
status:	unpublished
citation:
Document Size:	99956

3774 STATE OF NEW JERSEY v. TAQUAN K. RANGE -- rank: 314

... of second-degree conspiracy, N.J.S.A. 2C:5-2, to commit burglary, N.J.S.A. 2C:18-2, and robbery, N.J.S.A. 2C:15-1; second ... degree burglary while armed, N.J.S.A. 2C:18-2; and first-degree robbery while armed, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge did not merge any of Range's convictions ... 7500 pursuant to N.J.S.A. 2C:43-3.2, which should, at $75 per conviction, be $750; and a ... admissibility anew. See State v. Rose , 206 N.J. 141 , 158 (2011) (so noting in a case involving the applicability ...

docket:	a0822-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	49735

3775 STATE OF NEW JERSEY v. JOSEPH ROMANO, -- rank: 314

... found at 355 N.J. Super. 21, 809 A.2d 158. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION ... as much at oral argument. On December 1, 1999, at 2:18 a.m., Police Officer W. Stine was on routine ... his girlfriend Dana Corolla went to Bucco's See footnote 2 2 for dinner. Defendant and Corolla had dinner and drinks and ... The Right to Choose the Lesser Evil , 65 J. Crim. L. Criminology, 289 (1974)).     The elements of the common-law defense ... arising without fault on the part of the actor concerned;         (2)    This emergency must be so imminent and compelling as ...

docket:	a5911-00
court:	njappellate
decided:	2002-11-12
status:	published
citation:	355 N.J. Super. 21
Document Size:	34410

3776 State v. William Burford -- rank: 314

... or the Act), N.J.S.A. 2C:43-7.2.     On October 9, 1997, William Burford drove a stolen BMW ... degree offense carrying a presumption of imprisonment. (Pp. 4-7) 2. The Court also points out that even if the Act ... or the Act), N.J.S.A. 2C:43-7.2. Not before us are any constitutional challenges to the Act ... weapon” under NERA.      N.J.S.A. 2C:43-7.2 provides: a. A court imposing a sentence of incarceration for ... degree offense carrying a presumption of imprisonment. State v. Wallace , 158 N.J. 552 (1999). Of course, if defendant had, in ... State v. Kovack , 91 N.J. 476 (1982). See footnote 2 2 In Kovack , the Court held that “a defendant ...

docket:	a-8-99
court:	njsupreme
decided:	2000-03-14
status:
citation:
Document Size:	34841

3777 STATE OF NEW JERSEY v. NADHIR DIXON -- rank: 314

... murder, N.J.S.A. 2C:11-3a(1) and (2) (Count One), two counts of third-degree possession of a ... ineligibility pursuant to N.J.S.A. 2C:43-7.2. On Count Five, defendant was sentenced to a concurrent term ... only if "clearly capable of producing an unjust result." R. 2:10-2. The possibility of an unjust result must be real and ... 541 U.S. 36 , 59, 124 S. Ct. 1354 , 1369, 158 L. Ed.2d 177 , 197 (2004). Bankston and its progeny ...

docket:	a3194-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-16
status:	unpublished
citation:
Document Size:	22901

3778 DIVISION OF YOUTH AND FAMILY SERVICES v. S.D.M and T.D IN THE MATTER OF THE GUARDIANSHIP OF S.S.M., a minor -- rank: 314

... 24, 2008. Because the Division classified him as "medically fragile," 2 he was placed with a Special Home Service Provider (SHSP ... of the bonding evaluation indicated that S.D.M. "lack[ed] knowledge about child development" and a "healthy bond [was] not ... future." A two-day trial occurred on June 1 and 2, 2010. Cammock, Dr. DeNigris, Dr. Iofin, and Samuel's caretaker ... U.S. 584 , 603, 99 S. Ct. 2493 , 2504, 61 L. Ed.2d 101 , 119 (1979)). In some cases, severance of the ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the ...

docket:	a0266-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-04
status:	unpublished
citation:
Document Size:	43922

3779 PENNYMAC HOLDINGS, LLC v. BARBOUR ESTATES, LLC -- rank: 314

... the May 18, 2023 order is denied. A-1815-21 2 PER CURIAM In these matters, calendared back-to-back and ... stem from two separate actions against Ezekwo and other defendants.2 Docket No. A-1815-21 involves a foreclosure action and ... Washington Mutual Bank against real property known as 869 Broadway 2 The other defendants are not participating in these appeals. A ... a judgment in favor of PennyMac in the amount of $2,202,365.55, plus interest and costs of suit. A ... denied and that the sheriff's sale would proceed at 2:00 p.m. on October 5. Applying Rule 4:65 ... or rested on an impermissible basis.'' U.S. Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449, 467 ( ...

docket:	a1815-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-09
status:	Unpublished
citation:
Document Size:	25311

3780 STATE OF NEW JERSEY v. JAMES D. SMITH -- rank: 314

... with intent to distribute, N.J.S.A. 2C:5-2. The jury acquitted defendant of third-degree possession of a CDS, cocaine, 158 N.J. 76, 82 (1999). However, there remain limitations on ... drawn from that evidence." State v. Smith , 167 N.J. 158 , 178 (2001). "[I]f a prosecutor's arguments are based ... defendant of a fair trial," reversal is required. Frost , supra , 158 N.J. at 83. "In determining whether prosecutorial misconduct is ... that is "clearly capable of producing an unjust result. . . ." R. 2:10-2. In order to reverse, we must find that this " ...

docket:	a3580-07
court:	superior court appellate division
decided:	2009-08-12
status:	unpublished
citation:
Document Size:	45373