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556 STATE OF NEW JERSEY v. MIGUEL SANTANA -- rank: 571

... 2C:5-1 and N.J.S.A. 2C:18-2. Indictment 10-11-2062 related to July 5, 2013, and ... with third-degree burglary, N.J.S.A. 2C:18-2, fourth-degree obstruction of the administration of law, N.J ... third-degree resisting arrest, N.J.S.A. 2C:29-2(a). Defendant, with the advice of counsel, entered into a ... on our Excessive Sentencing Oral Argument Calendar, pursuant to Rule 2:9-11. We affirmed the sentence. Defendant filed a pro ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and State v. Fritz , 105 N. ...

docket:	a2487-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-03
status:	unpublished
citation:
Document Size:	38734

557 STATE OF NEW JERSEY IN THE INTEREST OF B.S A. JUVENILE -- rank: 571

... as "excited utterances" under N.J.R.E. 803(c)(2), and that the admission of such testimony violated B.S ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). "'Hearsay' is a statement, other than one ... to deliberate or fabricate." N.J.R.E. 803(c)(2). The rule is based on the premise that the "'[e ... Evidence , comment 1 on N.J.R.E. 803(c)(2) (1994-95)). Statements made after the startling event must ...

docket:	a5225-06
court:	NJ Superior Court Appellate Division
decided:	2009-07-20
status:
citation:
Document Size:	46154

558 STATE OF NEW JERSEY, - v. MARIO VEGA - -- rank: 571

... 15-1; armed burglary, N.J.S.A. 2C:18-2; conspiracy to commit these crimes, N.J.S.A. 2C:5-2; criminal restraint, N.J.S.A. 2C:13-2(a); possession of a handgun without obtaining a permit to ... Vega alone contends that the trials should have been severed, 2 evidence should have been suppressed, testimony regarding Vega's obstruction ... the other guy yet?" inculpated Gaudette and another person, and (2) Vega's and Gaudette's defenses were antagonistic and mutually exclusive. We disagree. Rule 3:15-2(b) authorizes a court, upon motion by either party, ...

docket:	a6535-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-23
status:	Published
citation:
Document Size:	96497

559 STATE OF NEW JERSEY v. FRANCIS G. LANGLEY -- rank: 571

... 0008. Joseph E. Krakora, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2). The judge sentenced defendant to a five-year term of ... approached and informed them that defendant and his wife, N.L., were "arguing and fighting inside" and that defendant was "screaming" at her. The officers also learned that N.L.'s children fled the residence during the fight. Sergeant Mazzuca ... yelling. He entered a bedroom to find defendant and N.L.; he observed N.L. "visibly shaken," upset, crying, and " ...

docket:	a5129-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	42654

560 STATE OF NEW JERSEY v. ALTURIK FRANCIS -- rank: 571

... the brief). Theodore J. Romankow, Union County Prosecutor, attorney (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). Appellant ... made after repeatedly being advised of, and waiving, his Miranda 2 rights. After merger, defendant was sentenced to three consecutive terms ... Beliefs And Improperly Vouched For The State's Witness. Subpoint 2. The Prosecutor Improperly Speculated And Misstated During Summation On Evidence ... apartment door had a "couple of scratches." There was a "[l]arge bloodstain" in the children's bedroom. In the bathroom ... of her head, one that "peeled through the scalp, tunnel[ed] under through the right ear" and was at least four ... discussion in a written opinion, beyond the following comments. R. 2:11-3(e)(2). There is absolutely no evidence ...

docket:	a1741-09
court:	NJ Superior Court Appellate Division
decided:	2012-08-07
status:	unpublished
citation:
Document Size:	69986

561 MARK LAFRANCO v. AVAYA INC. -- rank: 571

... Defendants. ________________________________ Submitted: May 13, 2009 - Decided: Before Judges Fisher, C.L. Miniman and Baxter. On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Docket No. L-184-03. Fisher & Phillips L.L.P., attorneys for appellant/ cross-respondent (Alan G. Lesne­wich ... October 13, 2006, in favor of plaintiff Mark LaFranco, awarding $158,310 in lost wages, $1000 in emotional distress damages, and ... got along well. Plaintiff recalled that Iraca complimented him on $2.5 million in sales he booked in September, and ...

docket:	a1666-06
court:	NJ Superior Court Appellate Division
decided:	2009-09-08
status:	unpublished
citation:
Document Size:	141935

562 STATE OF NEW JERSEY v. DESMOND SMITH -- rank: 571

... April 21, 2010 – Decided: Before Judges Payne and C.L. Miniman. On appeal from Superior Court of New Jersey, Law ... PER CURIAM Defendants Desmond Smith (Smith) and Lakeema Marando (Lakeema) 2 appeal their convictions of second-degree aggravated assault, contrary to ... property, contrary to N.J.S.A. 2C:20-2b(2)(A), as a lesser-included offense to the armed-robbery ... Release Act (NERA), N.J.S.A. 2C:43-7.2 for the aggravated assaults, and six months concurrent for the ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76, 83 (1999); State v. Loftin , 146 N ... when the defendant claims error on appeal. R. 1:7-2; R. 2:10-2. Plain error is error "clearly ...

docket:	a3612-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-07-22
status:	Published
citation:
Document Size:	80004

563 Diana G. Brunell v. Wildwood Crest Police Department -- rank: 571

... Department (Wildwood Crest) as a civilian police dispatcher. On June 2, Brunell dispatched Officer Miglio to the scene of a vehicle ... the date of her accident or occupational exposure was June 2, 1995, and that she suffered from delayed onset PTSD as ... provisions apply to each of those categories. (Pp. 8-11) 2. To be a compensable accident, there must be an unintended ... Crest Police Department as a civilian police dispatcher. On June 2, she dispatched Officer Eugene Miglio to the scene of a ... the date of her accident or occupational exposure was June 2, 1995, and that she suffered from delayed onset PTSD as ... file a claim for an injury which occurred on June 2, 1995” and ultimately moved to dismiss the claim petition. ...

docket:	a-126-01
court:	njsupreme
decided:	2003-05-21
status:
citation:	176 N.J. 225
Document Size:	113411

564 State v. Amir A. Andrews -- rank: 571

... and start the jury selection process anew. (pp. 11-14) 2. Other jurisdictions and some commentators have observed that the Gilmore ... is remanded for a new trial. CHIEF JUSTICE RABNER; JUSTICES L a Vecchia , ALBIN, and PATTERSON; and JUDGE RODRĂŤGUEZ (temporarily ... Kentucky , 476 U.S. 79, 106 S. Ct. 1712 , 90 L. Ed.2d 69 (1986). Subsequently, the Court held that it is ... McCollum , 505 U.S. 42 , 112 S. Ct. 2348 , 120 L. Ed.2d 33 (1992), or on the basis of gender, ...

docket:	A-105-11
court:	NJ Supreme Court
decided:	2013-10-28
status:
citation:
Document Size:	99318

565 STATE OF NEW JERSEY v. GIUSEPPE TEDESCO -- rank: 571

... Anthony J. Iacullo argued the cause for appellant (Iacullo Martino, L.L.C., attorneys; Mr. Iacullo, of counsel and on the briefs ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant raises the following points for our consideration ... and Allison went to Boston to celebrate his birthday. G.L. (Gary), who never met defendant, believed Allison went there with ... an expert in firearms identification, testified the Beretta was operable. 2 Using Link's findings, Burkhart conducted test firings to replicate ... 1) "must be admissible as relevant to a material issue;" (2) "must be similar in kind and reasonably close in ...

docket:	a6200-12
court:	NJ Superior Court Appellate Division
decided:	2017-03-06
status:	unpublished
citation:
Document Size:	104213

566 Fernando Roa and Liliana Roa v. LAFE and Marino Roa -- rank: 568

... United States Supreme Court's analytical framework. (Pp. 8-13). 2. Fernando was discharged on October 3, 2003, more than two ... s employment was terminated on or about October 3, 2003. 2 While he was still employed, on October 2, 2003, Liliana underwent surgery, incurring, according to plaintiffs, approximately $6 ... until the wrongful action ceases." Wilson v. Wal-Mart Stores , 158 N.J. 263 , 272 (1999). The premise underlying the doctrine ... Morgan , 536 U.S. 101 , 122 S. Ct. 2061 , 153 L. Ed.2d 106 (2002), the United States Supreme Court grappled ...

docket:	a-72-08
court:	supreme
decided:	2010-01-14
status:
citation:
Document Size:	99383

567 STATE OF NEW JERSEY v. JOHN MARTENS -- rank: 568

... conclusions based upon the facts is de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... dismissed , 484 U.S. 1038, 108 S. Ct. 768, 98 L. Ed. 2d 855 (1988), and In re Collester , 126 N.J ... of municipal court judges is mandated in all DWI cases. 2 Defendant's claim of judicial bias is based in part ... Amendment ), cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008); State v. Widmaier , 157 N. ...

docket:	a5626-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-06
status:	unpublished
citation:
Document Size:	52442

568 STATE OF NEW JERSEY v. SCOTT ROBERTSON -- rank: 568

... 54 , cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), nor established principles of discovery, compel exclusion ... 1 Defendant was stopped on August 11, 2012, shortly before 2:00 a.m., after a Wall Township Police Officer observed ... officer's instructions and lost his balance on several occasions. 2 The officer arrested defendant and transported him to police headquarters ... 0871-11 (App. Div. May 13, 2013) (slip op. at 2), certif. denied , 218 N.J. 274 (2014); see also ...

docket:	a0296-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-14
status:	published
citation:	438 N.J.Super. 47 102 A.3d 381
Document Size:	77917

569 State of New Jersey v. George Jenewicz -- rank: 568

... of the jury's verdict, thereby requiring a new trial. 2 On October 22 , 1998, Eunice Gillens was fatally shot in ... to the jury's truth-seeking function. (Pp. 7—9). 2. With regard to the admissibility of expert testimony, our courts ... connection with the October 22, 1998 shooting death of Gillens. 2 At trial, Jenewicz described generally his relationship with Gillens and ... harm.” N.J.S.A. 2C:3-4(b)(2). A self-defense claim therefore requires a jury (1) to ... at the time that deadly force was necessary and then (2) to determine whether that subjective belief was objectively reasonable. 4 ... U.S. 14, 19, 87 S. Ct. 1920, 1923, 18 L. Ed. 2d 1019, 1023 (1967). A defendant enjoys a ...

docket:	a-78-06
court:
decided:	2008-01-28
status:
citation:	*CITE_PENDING*
Document Size:	150182

570 STATE OF NEW JERSEY v. GREGORY GREENE -- rank: 568

... Law Division, Union County, Indictment No. 09-09-0799. Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant ... Krakora, Public Defender, attorney; Mr. Priarone, on the brief). Kimberly L. Donnelly, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the ... counsel and on the brief in A-3374-12; Meredith L. Balo, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel ... N.J.S.A. 2C:11-3(a)(1) or (2) (count one); unlawful possession of a weapon, N.J.S ... later found in possession of S.C., Glasper's nephew. 2 S.C. and Glasper lived together in the same home ... S. 171 , 183-84, 107 S. Ct. 2775 , 2783, 97 L. Ed.2d 144 , 157-58 (1987); State v. Boiardo , ...

docket:	a3374-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-30
status:	unpublished
citation:
Document Size:	84313