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4156 STATE OF NEW JERSEY v. M.S -- rank: 280

... Division, Cape May County, Indictment No. 09-11-00918. Robert L. Taylor, Cape May County Prosecutor, attorney for appellant (J. Vincent ... statement of reasons tracked the statutory factors to be "consider[ed] in formulating the[] recommendation," N.J.S.A. 2C:43 ... the case," N.J.S.A. 2C:43-12(e)(2), acknowledging defendant asserted he did not know the sale of ... of items that have one purpose, injuring other people"; and (2) general deterrence, to "send the message that the proliferation of ... s motion to compel his admission. This appeal ensued. R. 2:2-3(a). PTI is "a discretionary program diverting criminal ...

docket:	a1459-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-20
status:	unpublished
citation:
Document Size:	34175

4157 STATE OF NEW JERSEY v. ANTHONY MARTIN -- rank: 280

... 1 and N.J.S.A. 2C:12-1(b)(2) (counts ten and eleven). Defendant was sentenced to a seven ... of the issues raised in Points I and II. R. 2:11-3(e)(2). We therefore affirm defendant's convictions and his sentence with ... Johnson's statement was harmless beyond a reasonable doubt. R. 2:10-2; Chapman v. California , 386 U.S. 18 , 24, 87 S. Ct. 824 , 828, 17 L. Ed.2d 705 , 710-11 (1967); State v. Macon , ...

docket:	a2978-07
court:	NJ Superior Court Appellate Division
decided:	2009-09-09
status:	unpublished
citation:
Document Size:	20781

4158 STATE OF NEW JERSEY v. CARLOS E. NAVARRO -- rank: 280

... 2017. Joseph E. Krakora, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... of the length of the parole ineligibility term. On September 2, 2008, a customs and border patrol agent at JFK Airport ... examines a defendant on the differences between a post- Miranda [ 2 ] statement and testimony at trial."); State v. Elkwisni , 190 N ... involve governmental compulsion. State v. Brown , 190 N.J. 144 , 158 (2007). Defendant's attempt at destroying the evidence by swallowing ... do not warrant further discussion in a written opinion. R. 2:11-3(e)(2). Affirmed as to the convictions, but remanded for resentencing. ...

docket:	a4506-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-20
status:	unpublished
citation:
Document Size:	32050

4159 G. PHILIP LEWIS v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 280

... continuous service." See footnote 1 or the JTPA. See footnote 2 The Salem County Board of Chosen Freeholders passed a resolution ... 2A Norman J. Singer, Sutherland Statutory Construction §47:18 (6th ed., 2000) (quoted with approval in Stryker Corp. v. Dir. Div ... statutes applicable to PERS, Burkhart v. Pub. Emp. Ret. Sys. , 158 N.J. Super. 414 , 420 (App. Div. 1978), and as ... because it was more specific but also because it "result[ed] from a more recent act of the Legislature." Maressa v ... denied , 459 U.S. 907 , 103 S. Ct. 211 , 74 L. Ed.2d 169 (1982). The fact that subsection (b), in ...

docket:	A1093-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-09
status:	published
citation:	366 N.J. Super. 411 841 A.2d 483
Document Size:	21970

4160 STATE OF NEW JERSEY v. SUVASISH MUKHERJEE -- rank: 280

... for appellant/cross-respondent (John Appello, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent/cross-appellant (Annmarie ... defendant's arguments. Around 3:40 a.m. on March 2, 2010, State Trooper Mark Novembrino found defendant "slumped over" the ... to perform a horizontal gaze nystagmus sobriety test (HGN test). 2 Defendant had six out of six "positive hits" on the ... reliability of the Alcotest machine, including: (1) the calibration report; (2) the new standard solution report; and (3) the certificate of ... the State failed to prove his operation of the vehicle; 2) Novembrino lacked probable cause to arrest him; and 3) the ... 54 , cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), the Supreme Court ...

docket:	a3031-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-09
status:	unpublished
citation:
Document Size:	32325

4161 IN THE MATTER OF SHEILA WALKER -- rank: 280

... to N.J.A.C. 4A:6-1.6(c)(2). On April 21, 2006, claimant appealed OIT's denial of ... that N.J.A.C. 4A:6-1.6(c)(2) precludes compensation for aggravations of preexisting injuries only where the ... to N.J.A.C. 4A:6-1.6(e)(2). Claimant filed a request for reconsideration on May 1, 2007 ... she was not on a break when the injury occurred; (2) the Board's designation of what does and does not ... evidence on the record as a whole. In re Taylor , 158 N.J. 644 , 657 (1999); Brady v. Bd. of Review ... d , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). Where there is more than ...

docket:	a2039-07
court:	NJ Superior Court Appellate Division
decided:	2009-10-08
status:	unpublished
citation:
Document Size:	38831

4162 STATE OF NEW JERSEY v. MICHAEL WEAVER -- rank: 280

... to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:12-1b (count one ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals, challenging his convictions and the sentences imposed. For ... or an attempt or solicitation to commit such crime; or (2) [a]grees to aid such other person or persons in ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001). A prosecutor "is entitled to be forceful ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999) (citing State v. Ramseur , ...

docket:	a5542-05
court:	njappellate
decided:	2009-02-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	79878

4163 BOROUGH OF PARAMUS v. SHAMROCK CREEK, L.L.C. -- rank: 280

... OF THE BOROUGH OF PARAMUS, Plaintiff/Intervenor, v. SHAMROCK CREEK, L.L.C., a limited liability company of the State of New ... Court of New Jersey, Law Division, Bergen County, Docket No. L-7387-06. John E. Ten Hoeve, Jr., attorney for appellant. Gittleman, Muhlstock & Chewcaskie, L.L.P., attorneys for respondents (Steven Muhlstock, of counsel and on ... 9, 1988, the Borough's Council adopted Resolution No. 88-2-101 approving the agreement. At a meeting held on ...

docket:	a4508-07
court:	njappellate
decided:	2009-03-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	65496

4164 STATE OF NEW JERSEY v. MARVIN ROMERO -- rank: 280

... 1438. Yvonne Smith Segars, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... error was clearly capable of producing an unjust result. R. 2:10-2. Not any possibility of an unjust result will suffice. The ... denied , 374 U.S. 816 , 83 S. Ct. 1710 , 10 L. Ed.2d 1039 (1963). The prosecutor's comment that he was ... prejudicial at the time they were made." State v. Frost , 158 N.J. 76 , 83-84 (1999) (citing State v. ...

docket:	A0817-03
court:	NJ Superior Court Appellate Division
decided:	2006-03-21
status:	unpublished
citation:
Document Size:	56382

4165 Jarrell McKenney et al. V. Jersey City Medical Center et al. -- rank: 280

... to trial that there will be such a change, and 2) whether plaintiffs were entitled to a mistrial when the anticipated ... disclosure to the court and opposing counsel. (Pp. 11-16) 2. Although the McKenney's attorney did not make a formal ... trial preparation and after they had concluded their evidentiary presentation; 2) there was only a narrow window of time where an ... membranes may protrude. Stedman's Medical Dictionary 1315 (5th Lawyers' ed. 1982).     In addition, as explained by the Appellate Division:     If ... U.S. 677 , 683, 78 S. Ct. 983 , 986-87, 2 L. Ed.2d 1077 , (1958). “Modern litigation is too time ...

docket:	a-33-00
court:	njsupreme
decided:	2001-05-16
status:
citation:	167 N.J. 359
Document Size:	52525

4166 STATE OF NEW JERSEY v. MICHAEL D. MILLER -- rank: 280

... also be found at 449 N.J.Super. 460 or 158 A.3d 1185. (NOTE: The status of this decision is ... with Megan's Law, N.J.S.A. 2C:7-2, and to pay the appropriate fines, penalties, and assessments. Defendant ... find any error in its admission to be harmless. R. 2:10-2. It is clear from Bruccoliere's testimony that he possessed ... the victim ( N.J.S.A. 2C:44-1(a)(2)); three, the risk defendant will commit another offense ( N.J ... defendant's sentence unless (1) the sentencing guidelines were violated; (2) the aggravating and mitigating factors found by the sentencing ...

docket:	a0459-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	published
citation:	449 N.J.Super. 460 158 A.3d 1185
Document Size:	47677

4167 STATE OF NEW JERSEY v. RAHIM MUHAMMAD -- rank: 280

... intent to distribute, cocaine, N.J.S.A. 2C:5-2, (count one); third degree possession of cocaine, N.J.S ... object to the question, the plain error standard applies. R.  2:10-2. Although the question was in error, we find that it ... to give it, so the plain error standard applies. R. 2:10-2. Whether the failure to give an identification charge constitutes plain ... not sufficient to warrant discussion in a written opinion. R. 2:11-3(e)(2). Affirmed. At the end of ...

docket:	a0412-08
court:	superior court appellate division
decided:	2010-08-02
status:	unpublished
citation:
Document Size:	34395

4168 ISRAEL VASQUEZ v. DEPARTMENT OF CORRECTIONS -- rank: 280

... or data that is not authorized for use or retention"; (2) *.202, "possession or introduction of a weapon, such as but ... loss of commutation time, and permanent loss of contact visits; (2) on the second charge, possession of a cellular phone, 15 ... the classification committee for placement in the Management Control Unit; (2) on the second charge, possession of a razor blade, 365 ... Vasquez administratively appealed the hearing officer's decision. On April 2, 2008, the administration of EJSP upheld the guilty finding and ... decision of an administrative agency is limited. In re Taylor , 158 N.J. 644 , 656 (1999); Brady v. Bd. of Review ... denied , 449 U.S. 983 , 101 S. Ct. 400, 66 L. Ed.2d 245 (1980). We may not vacate an ...

docket:	a5635-07
court:
decided:	2009-05-19
status:	Unpublished
citation:
Document Size:	28999

4169 STATE OF NEW JERSEY v. DIANA M. HOFFMAN -- rank: 280

... PER CURIAM Defendant Diana M. Hoffman appeals from an April 2, 2015 order denying her petition for post-conviction relief (PCR ... with second degree eluding, N.J.S.A. 2C:29-2(b). A Monmouth County grand jury charged her with both ... occurred after the Monmouth County sentencing." Following argument, Judge Susan L. Claypoole issued a written opinion, denying defendant's petition and ... S. 668 , 687-88, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), adopted by our Supreme Court in ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997) . Whether to conduct an evidentiary ...

docket:	a4272-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	unpublished
citation:
Document Size:	18953

4170 SUSAN OLKUSZ v. LAKINGY BROWN -- rank: 280

... Court of New Jersey, Law Division, Bergen County, Docket No. L-2771-06. Gerard H. Hanson argued the cause for appellants ... amendment provides that "[t]his act shall take effect immediately." L. 2007, c. 163, § 2. Armed with these newly enacted statutory protections against step-down ... U.S. 244 , 266, 114 S. Ct. 1483 , 1497, 128 L. Ed.2d 229 , 253 (1994) ("The Due Process Clause . . . protects the ... explicitly or implicitly, its intent that the statute apply retroactively; (2) the statute is "curative"; or (3) the expectations of ...

docket:	a2216-07
court:	NJ Superior Court Appellate Division
decided:	2008-07-22
status:	published
citation:	401 N.J.Super. 496 951 A.2d 106
Document Size:	54602