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556 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

557 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

558 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status:	unpublished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

559 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

560 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

561 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

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:	a3864-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-07-22
status:	unpublished
citation:
Document Size:	83415

563 STATE OF NEW JERSEY v. JOSHUA GAUDETTE 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:	a0548-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-23
status:	unpublished
citation:
Document Size:	100017

564 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

565 STATE OF NEW JERSEY V. DONALD LOFTIN -- rank: 571

... Assistant Deputy Public Defenders, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney; Ms. Herman and Mr. Gautieri, of ... a handgun, contrary to N.J.S.A. 2C:18-2 (count three); first degree armed robbery, contrary to N.J ... where he remains until 7:17 p.m. See footnote 2 During this sequence, the suspect comes clearly into view and ... s inclination to resort to disguises, its introduction was appropriate.      2. The Ammunition Seized from Defendant's Home     Defense counsel made ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L.Ed.2d 803 (1989). B. The Sears Videotape     Although other ...

docket:	a1849-93
court:	njappellate
decided:	1996-01-12
status:	published published
citation:	287 N.J.Super. 76
Document Size:	77378

566 WHS REALTY COMPANY v. TOWN OF MORRISTOWN -- rank: 568

... U.S. 793 , 799, 117 S.Ct. 2293 , 2297, 138 L.Ed.2d 834 , 841 (1997) (quoting Romer v. Evans , 517 U.S. 620 , 631, 116 S.Ct. 1620 , 1627, 134 L.Ed.2d 855 , 865 (1996)); see also 515 Assocs. v. Newark ... U.S. 432 , 440, 105 S.Ct. 3249 , 3254, 87 L.Ed.2d 313 , 320 (1985); Drew Assocs. of N.J. ...

docket:	a3502-97
court:	njappellate
decided:	1999-07-27
status:	published
citation:	323 N.J. Super. 553
Document Size:	55343

567 SATOKO MATSUMOTO v. TATSUYA MATSUMOTO et al. -- rank: 568

... counseling.          I.     It is uncontested before us that on May 2, 1997, defendants were found to be in violation of an ... that it had in personam jurisdiction over Kazuko; See footnote 2 2 that on December 4, 1997 defendants were both indicted for ... including vacation of the civil arrest warrants, issued on May 2, 1997 and continued on July 3, 1997, and dismissal of ... 357 U.S. 235 , 251, 78 S. Ct. 1228 , 1238, 2 L. Ed.2d 1283 , 1296 (1958); International Shoe v. Washington , ...

docket:	A0237-99
court:	NJ Superior Court Appellate Division
decided:	2000-11-22
status:	published
citation:	335 N.J. Super. 174
Document Size:	40910

568 IN THE MATTER OF COUNTY OF MORRIS v. MORRIS COUNCIL NO. 6, NJCSA, IFPTE, AFL-CIO -- rank: 568

... the respective "collective bargaining" or "collective negotiation" units. See footnote 2 In both cases the County was ordered to "[c]ease ... s constitutional authority to reasonably regulate access to its property," (2) "PERC committed legal error in its decision below in that ... 788 , 804-808, 105 S. Ct. 3439 , 3450-52, 87 L. Ed.2d 567 , 581-84 (1985) (upholding presidential executive order prohibiting ... 37 , 46-48, 103 S. Ct. 948 , 955-56, 74 L. Ed.2d 794 , 805-07 (1983) (school district's internal ...

docket:	A1575-02
court:	NJ Superior Court Appellate Division
decided:	2004-07-21
status:	published
citation:
Document Size:	48703

569 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

570 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