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3946 STATE OF NEW JERSEY v. L.I.H. -- rank: 298

... 2620-05T42620-05T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. L.I.H., Defendant-Appellant. __________________________________________________________ Submitted May 8, 2007 - Decided May ... Prosecutor, of counsel and on the brief). PER CURIAM Defendant, L.I.H., was convicted on December 10, 2004 by a ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 90 L. Ed.2d 674 , 693 (1984); State v. Fritz , 105 N.J ... U.S. at 690, 104 S. Ct. at 2066, 80 L. Ed. 2d at 695. Second, defendant must establish that his ...

docket:	A2620-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-29
status:	unpublished
citation:
Document Size:	23045

3947 STATE OF NEW JERSEY v. LAWRENCE F. GEBHARDT -- rank: 298

... his motion to withdraw his guilty plea before sentencing, and (2) imposing an excessive sentence. We disagree and affirm. Pursuant to ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... 115 N.J. 415 , 420-21 (1989). Rule 3:9-2 governs the taking of pleas, and provides in relevant part ... people of their liberty." Slater , supra , 198 N.J. at 158. In weighing such motions, trial courts must consider whether a ... the judge erred by (1) imposing an excessive sentence, and (2) improperly discounting mitigating factor N.J.S.A. 2C:44 ... factors pursuant to N.J.S.A. 2C:44-1a(2), (3), and (9) substantially outweighing the non-existent mitigating ...

docket:	a6120-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-25
status:	unpublished
citation:
Document Size:	25565

3948 JIHAD SLIM v. LINA SLIM -- rank: 298

... on the brief; Sara J. Corcoran, on the briefs). Laurie L. Newmark, argued the cause for respondent (Townsend, Tomaio & Newmark, L.L.C., attorneys; John E. Clancy, on the brief). PER CURIAM ... was unjustified by (1) plaintiff's voluntary change in work, (2) unsubstantiated changes in the medical profession, (3) his experience in ... or underemployed.'" Gnall v. Gnall , 432 N.J. Super. 129 , 158 (App. Div. 2013) (citation omitted). "When an alimony obligor changes ... report and testimony from an expert, Stephen C. Chait, CPA. 2 Chait found that as a result of these changes, ...

docket:	a1173-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-27
status:	unpublished
citation:
Document Size:	52306

3949 STATE OF NEW JERSEY v. DORIAN PRESSLEY -- rank: 298

... 183 N.J. 308 , 332 (2005) (quoting State v. Frost , 158 N.J. 76 , 82 (1999)). This means the prosecutor may ... denied , 489 U.S. 1022 , 109 S. Ct. 1146 , 103 L. Ed.2d 205 (1989). Prosecutors are also permitted to "respond to ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). In determining whether the prosecutor exceeded these ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether ...

docket:	a1044-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-15
status:	unpublished
citation:
Document Size:	17136

3950 STATE OF NEW JERSEY v. MICHAEL LAZARSKI -- rank: 298

... 1547. Joseph E. Krakora, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... former roommate's name. Defendant was charged with identity theft, 2 fraud, possession of a controlled dangerous substance (CDS), possession of ... forth in N.J.S.A. 2C:43-12e(1), (2), (8), (14) and (17), reasoning: Getting charged with the first ... program diverting criminal defendants from formal prosecution." State v. Caliguiri , 158 N.J. 28, 35 (1999). Admission to PTI is governed ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). 2 The identity theft charges were ...

docket:	a5129-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-22
status:	unpublished
citation:
Document Size:	17927

3951 LIVINGSTON BUILDERS, INC., VS TOWNSHIP OF LIVINGSTON, ET AL -- rank: 298

... by BROCHIN, J.A.D.      Two Mount Laurel See footnote 2 exclusionary zoning suits were instituted against the Township of Livingston ... between the master plan and any zoning amendment); Manalapan Realty, L.P. v. Township Comm. of Manalapan , 140 N.J. 366 ... 93-1.3; N.J.A.C. 5:93-4.2(f), to fulfill Livingston's affordable housing obligation is the ... development potential." See N.J.A.C. 5:93-4.2(f). He stated that the assisted living units planned for ... resolution of all issues involving [the Short Hills West site]"; 2) "expiration of the time for appeal following adoption of all ... Jersey Zoning and Land Use Administration , § 1-1, at 1-2 (1997) (authority to regulate land use is a legislative ...

docket:	a0310-97
court:	njappellate
decided:	1998-03-31
status:	published
citation:	309 N.J.Super. 370
Document Size:	33135

3952 HOMES OF HOPE, INC v. EASTAMPTON TOWNSHIP LAND USE PLANNING BOARD -- rank: 298

... the Superior Court of New Jersey, Law Division, Burlington County, L-580-08. Christopher J. Norman argued the cause for appellant ... Township of Mount Laurel (Mount Laurel II) , 92 N.J. 158 (1983), Judge Sweeney stated that it is "without question that ... may be found in N.J.S.A. 40:55D-2, the purposes of the MLUL. An inherently beneficial use presumptively ... denied , 423 U.S. 808 , 96 S. Ct. 18 , 46 L. Ed.2d 28 (1975), the Court came to substantially the same ... district. Twp. of Dover v. Bd. of Adjustment of Dover , 158 N.J. Super. 401 , 412 (App. Div. 1978). The ...

docket:	a5551-07
court:	superior court appellate division
decided:	89-00-87
status:	published
citation:	409 N.J. Super. 330 976 A.2d 1128
Document Size:	42896

3953 /usr/local/share/www/libweb/collections/courts/appellate/a3811-11.opn.html -- rank: 298

... 0025. Joseph E. Krakora, Public Defender, attorney for appellant (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the ... Release Act (NERA), N.J.S.A. 2C:43-7.2 Defendant appeals from the judgment of conviction entered by the ... a); third-degree burglary, N.J.S.A. 2C:18-2; and criminal mischief, N.J.S.A. 2C:17-3 ... tried before a jury and found guilty on all counts. 2 Thereafter, the court denied defendant's motion for a new ... to the scope of the evidence presented." State v. Frost , 158 N.J. 76 , 82 (1999) (citing State v. Harris , 141 ... factors two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on the victim); ...

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3954 STATE OF NEW JERSEY v. AMR M. ELSOBKY -- rank: 298

... prosecutor moved under N.J.S.A. 2C:43-6.2 to waive the mandatory prison term required by N.J ... circumstances," and creates "a presumption against diversion." State v. Caliguiri , 158 N.J. 28 , 42 (1999); see Watkins , supra , 193 N ... on the nature of the offense is appropriate." Caliguiri , supra , 158 N.J. at 43. B. Second, the prosecutor's letter ... in order to circumvent the prohibition against hollow point bullets." 2 At oral argument before us, the Assistant Prosecutor conceded the ... denied , 506 U.S. 823 , 113 S. Ct. 75 , 121 L. Ed.2d 40 (1992). Such advice would also misstate federal ...

docket:	a5222-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-01-30
status:	Published
citation:
Document Size:	44746

3955 Kuzmicz v. Ivy Hill Park Apartments, Inc. -- rank: 298

... which considers both fairness and public policy. (pp. 6-9) 2. Landlords and business owners should be liable for foreseeable injuries ... the close of Kuzmicz's case. See R. 4:37-2. After the jury returned its verdict, the court denied Ivy ... for a judgment notwithstanding the verdict. See R. 4:40-2. The Board did not appeal.     The Appellate Division affirmed, holding ... s ability to control the risk of injury. Id. at 158; Davis v. Pecoreno , 69 N.J. 1 , 8 (1975) (holding ... pointed comment from Salmond, Law of Torts at 144 (6th Ed.): "To treat as a question of remoteness what is really ... of such acts.         [ Id. at 144 (quoting 57 Am. Jur. 2 d Negligence § 58 (1970)) (footnotes omitted).] A     In New ...

docket:	a-5-96
court:	njsupreme
decided:	1997-02-20
status:
citation:	147 N.J. 510
Document Size:	106218

3956 IN THE MATTER OF REGISTRANT R.F. -- rank: 298

... retired and temporarily assigned on recall)     By order dated July 2, 1998, pursuant to the Registration and Community Notification Law, N ... we summarily affirmed the Law Division's order of July 2, 1998 designating registrant as a Tier II offender, finding that ... 1401. Addington [ Addington v. Texas , 99 S.Ct. 1804 , 60 L.Ed.2d 327 (1978)] supplies the answer. Because "the possible injury ... or against someone older than his previous victims See footnote 2 . But this misconceives the test to be applied in fixing ... notification directed by the Law Division's order of July 2, 1998.     Section VIIB of the Supreme Court's order ...

docket:	a6736-97
court:	njappellate
decided:	1998-12-28
status:	published
citation:	317 N.J.Super. 379
Document Size:	34117

3957 /usr/local/share/www/libweb/collections/courts/appellate/a2500-18.opn.html -- rank: 298

... is not the subject of this appeal. A-2500-18T1 2 I At the motion to suppress hearing, the State presented ... detection, with certain officers approaching from different directions. At approximately 2:30 A-2500-18T1 3 a.m., while nearing 152 ... The Law Division subsequently granted defendant's motion to suppress. 2 Before doing so, however, the court, relying on State v ... the police were initially entitled to conduct a field inquiry 2 The other occupants of the vehicle were also indicted but ... a handgun,' as well as Laielli's observations that at 2:30 a.m., there was a vehicle parked improperly outside ... was that he was 'a black male'); State v. Caldwell, 158 N.J. 452 (1999) (reversing denial of suppression where ...

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3958 GEORGE WARNER and MARGARET WARNER, his wife v. SOVEREIGN BANK -- rank: 298

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-1642-11. George Warner and Margaret Warner, appellants pro se ... the light most favorable to plaintiffs, see R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am. , 142 ... a foreclosure action was commenced against them in November 2009. 2 Plaintiffs contend that defendant never made any serious efforts to ... judgment, we apply the same standard under Rule 4:46-2(c) that governed the motion court. See Gray v. Caldwell ... Co. , 202 N.J. 369 , 382 (2010) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... Sanitation, Inc. v. Grinnell Haulers, Inc. , 294 N.J. Super. 158 , 170 (App. Div. 1996) (internal quotation marks omitted). However, " ...

docket:	a2744-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-11-11
status:	Published
citation:
Document Size:	20672

3959 JOHN M. ROCHELLE BUILDERS, INC v. THE PLANNING BOARD OF THE TOWNSHIP OF MORRIS -- rank: 298

... Court of New Jersey, Law Division, Morris County, Docket No. L-1461-06. John M. Mills, III, argued the cause for ... he placed on the record on April 24, 2007. R. 2:11-3(e)(1)(A) and (E). We add the ... are set forth in N.J.S.A. 40:55D-2. Ibid. Second, the ordinance must be "substantially consistent with the ... denied , 535 U.S. 1077 , 122 S. Ct. 1959 , 152 L. Ed.2d 1020 (2002). This review must be undertaken with the ... denied , 371 U.S. 233 , 83 S. Ct. 326 , 9 L. Ed.2d 495 (1963), modified on other grounds by ...

docket:	a5298-06
court:	njappellate
decided:	2008-11-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39274

3960 STATE OF NEW JERSEY v. EDWIN JIMENEZ -- rank: 298

... provocation manslaughter, N.J.S.A. 2C:11-4(b)(2), as a lesser included offense of murder, N.J.S ... Early Release Act, N.J.S.A. 2C:43-7.2, and a consecutive eight-year term of imprisonment, with a ... parole ineligibility, on the certain-persons conviction. A-2150-20 2 In his direct appeal, defendant argued, among other things, that ... than the suspect identified by the witnesses at the scene'; (2) 'to cross-examine [witness A.M.]1 on his criminal ... one photograph of defendant in order to make his identification' 2; (9) 'to object to the testimony of [the witness] where ... s decision to proceed without an evidentiary hearing. State v. L.G.-M., 462 N.J. Super. 357, 365 (App. ...

docket:	a2150-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-08
status:	Unpublished
citation:
Document Size:	24422