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646 STATE OF NEW JERSEY v. DENNIS J. MUNOZ -- rank: 558

... w]ho shot you?' and Black responded, A-0130-19 2 'I'm not sure, some man named Wolf.' Black told ... you] got old boy in a hell of a position.'2 Sciaretto responded, stating 'leave me alone.' In response, defendant sent ... defendant responded, 'Funny how you want her number but I 2 Nuck is the nickname of a friend of defendant. A ... to me instead of getting a divorce.' Sciaretto responded, stating: '[L]isten to me right the F now threatening me with ... stop begging . . . you did this, no one else.' On November 2, 2015, defendant texted Sciaretto, stating: 'Here's my rules . . . absolutely ... where he purchased drugs. Sciaretto testified Black and Robinson 'want[ed] to kind of fight' defendant, and, at 7:23 ...

docket:	a0130-19
court:	NJ Superior Court Appellate Division
decided:	2023-09-14
status:	Unpublished
citation:
Document Size:	138828

647 STATE OF NEW JERSEY v. MURAD H. BEYAH -- rank: 558

... of the third-degree, N.J.S.A. 2C:7-2(c)(3). A jury found him guilty after a three ... defendant's argument pursuant to the plain error standard. R. 2:10-2. Under that standard, a conviction will be reversed only if ... denied , 528 U.S. 1052 , 120 S. Ct. 593 , 145 L. Ed.2d 493 (1999), overruled in part on other grounds , State ... elements of the offense. N.J.S.A. 2C:7-2. Even if Detective Aviles' testimony was error, it lacked ...

docket:	a1037-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-31
status:	unpublished
citation:
Document Size:	56142

648 STATE OF NEW JERSEY v. HOWARD PARKS -- rank: 558

... JERSEY, Plaintiff-Respondent, v. HOWARD PARKS, Defendant-Appellant. _________________________________________________ Submitted May 2, 2006 - Decided May 18, 2006 Before Judges Axelrad and Payne ... 1) that defendant took money from a federally insured bank; (2) by force and violence and by intimidation; and (3) in ... U.S. 16 , 18, 106 S. Ct. 1677 , 1678, 90 L. Ed.2d 15 , 18 (1986). The judge then listed the elements ... that (1) while in the course of committing a theft; (2) the defendant threatened another with or purposely put him in ... S. , 523 U.S. 224 , 118 S. Ct. 1219 , 140 L. Ed.2d 350 (1998), a due process challenge by ...

docket:	A0336-04
court:	NJ Superior Court Appellate Division
decided:	2006-05-18
status:	unpublished
citation:
Document Size:	67585

649 State v. Jose Pena -- rank: 558

... possession of CDS in violation of 301 N.J. Super. 158 (App. Div.), certif. denied , 151 N.J. 465 (1997). At ... fact defense available pursuant to N.J.S.A. 2C:2-4b. Pena acknowledged that the mistaken offense, receipt of stolen ... The trial court denied the requested instruction, viewing the Section 2-4b mistake-of-fact defense as inapplicable to a non ... receipt of stolen property. 1. N.J.S.A. 2C:2-4b provides that “the ignorance or mistake of the defendant ... would seem that if the Legislature intended to limit Section 2-4b to lesser-included offenses, it would have stated that intent expressly, not inferentially. (pp. 7-14) 2. New Jersey is one of only a handful of ...

docket:	a-51-02
court:	njsupreme
decided:	2004-01-26
status:
citation:	178 N.J. 297
Document Size:	77573

650 STATE OF NEW JERSEY v. SHIQUAN D. BELLAMY -- rank: 558

... defendant that referred to others having "snitched" on him, and (2) by an officer's conclusory testimony that the police investigation ... from Amanda Muchioki that, on April 4, 2010, at approximately 2:30 a.m., she heard a car pull up in ... Latonia left the apartment but later returned. A "little after" 2:30 a.m., defendant, Darmelia, and Latonia left the apartment ... indicted, testified pursuant to her plea agreement with the State. 2 She made an in-court identification of defendant and testified ... he came into possession of these items when another neighbor, L.B., dropped them off, thinking they might have belonged to ... N.J.S.A. 2C:11-3(a)(1) and (2); four counts of first-degree felony murder, N.J. ...

docket:	a3369-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-18
status:	unpublished
citation:
Document Size:	53171

651 Statev. Blaine F. Scoles -- rank: 558

... v. Blaine F. Scoles (A-41-11) (069212) Argued January 2, 2013—Decided June 13, 2013 LaVECCHIA, J., writing for a ... s right to confidentiality of the information. (pp. 12-17) 2. The Court is asked to adopt the process provided under ... would be inconvenienced by viewing evidence in a state facility. (2) At a case management conference, defense counsel must demonstrate the ... Plaintiff-Respondent, v. BLAINE F. SCOLES, Defendant-Appellant. Argued January 2, 2013 – Decided June 13, 2013 On appeal from the ... prosecutor stated that (1) the evidence would not be copied, (2) defendant was personally prohibited from viewing the evidence, and (3 ... material reasonably available to the defendant.” § 3509(m)(2)(A). Under the Adam Walsh Act, material is “ ...

docket:	A-41-11
court:	NJ Supreme Court
decided:	2012-06-13
status:
citation:	214 N.J. 236 69 A.3d 559
Document Size:	81286

652 STATE OF NEW JERSEY v. WILLIE A. PETERSON -- rank: 558

... NEVER HAD A SEARCH WARRANT. SEE STATE V. RICHARD CHIPPERO, 2 009 N.J. LEXIS 1415 (2009) [SIC]. B. POINT TWO ... under N.J.S.A. 2C:43-7.1(b)(2) on the aggravated manslaughter conviction, ordering defendant's incarceration for ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The trial judge merged the weapons convictions and imposed a ... J. 451 , 459 (1992) (citation omitted). Under Rule 3:22-2, there are four grounds for PCR: (a) Substantial denial in ... U.S. 668 , 694, 104 S. Ct. 2052 , 2068, 80 L. Ed.2d 674 , 698 (1984) . . . ." Id. at 463. Under the ...

docket:	a3309-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-07
status:	unpublished
citation:
Document Size:	41569

653 STATE OF NEW JERSEY v. TONY PETROZZELLI -- rank: 555

... the performance or prejudice prong of the Strickland/Fritz test. 2 Also, we reject defendant's claims that the PCR judge ... the dispatch tapes, he would have been exonerated. On December 2, 2008, the court independently contacted the Cherry Hill Police Department ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our Supreme Court ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693); State v. Allah , 170 N.J. ...

docket:	a5280-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-12
status:	unpublished
citation:
Document Size:	37694

654 STATE OF NEW JERSEY v. NDERIM AMETI -- rank: 555

... possession of drug paraphernalia, N.J.S.A. 2C:36-2. He brought motions to suppress the evidence, which the municipal ... N.J. 54 , cert. denied , __ U.S.__, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), and it suppressed the Alcotest results. The ... establishes the following facts. On July 10, 2007, at approximately 2:02 a.m., Officers Glenn Grune and John Clements of ... any injuries, and defendant did not complain of any. At 2:52 a.m., Grune concluded that defendant was intoxicated ...

docket:	a4169-08
court:	NJ Superior Court Appellate Division
decided:	2010-06-23
status:	unpublished
citation:
Document Size:	55726

655 STATE OF NEW JERSEY v. JAMES L. RANDALL -- rank: 555

... 5237-09T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMES L. RANDALL, Defendant-Appellant. _______________________________ October 6, 2011 Submitted September 14, 2011 ... of counsel and on the brief). PER CURIAM Defendant James L. Randall appeals from his conviction for second-degree possession of ... accordingly, we review them utilizing the plain error standard. R. 2:10-2; see State v. Macon , 57 N.J. 325, 336 (1971 ... case to the jury. State v. Smith , 167 N.J. 158, 177 (2001). "Indeed, prosecutors . . . are expected to make vigorous and forceful closing arguments . . . ." State v. Frost , 158 N.J. 76 , 82 (1999). However, "[t]he primary ...

docket:	a5237-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-06
status:	unpublished
citation:
Document Size:	84147

656 State of New Jersey v. G.V. -- rank: 555

... must be admissible as a relevant to a material issue; 2) it must be similar in kind and reasonably close in ... on the limited use of the testimony. (pp. 5-8) 2. State v. Marrero provides guiding principles crucial to the decision ... evidence must be relevant to an issue “genuinely in dispute;” 2)the other-crime evidence must be necessary for the disputed ... crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in ... Rules 404(b), 608(b) and 609(a) , 38 Ermory L.J. 135, 160 (1989)).] . . . .     When other-crime evidence is admitted ... then the trial court would have to have had “explain[ed] precisely” to the jury that limited purpose. It did ...

docket:	a-59-98
court:	njsupreme
decided:	2000-01-27
status:
citation:	162 N.J. 252
Document Size:	89891

657 STATE OF NEW JERSEY v. TERREL F. GOLDSMITH -- rank: 555

... 2470. Joseph E. Krakora, Public Defender, attorney for appellant (Jack L. Weinberg, Designated Counsel, on the brief). Carolyn A. Murray, Acting ... of possession of CDS, N.J.S.A. 2C:5-2 (count one); third-degree possession of CDS, N.J.S ... rulings: (1) the denial of his motions to suppress and (2) for discovery concerning Turzani's personnel file. i. Goldsmith argues ... State v. Elders , 192 N.J. 224 , 243-44 (2007).] 2 Our review of the trial judge's legal conclusions is ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005); State v. Goodman , 415 N.J. ...

docket:	a2496-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-07
status:	unpublished
citation:
Document Size:	78326

658 STATE OF NEW JERSEY v. CHRISTOPHER FOUNTAIN -- rank: 555

... 1962. Joseph E. Krakora, Public Defender, attorney for appellant (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (Jack R. Martin ... a deadly weapon, N.J.S.A. 2C:12-1b(2); fourth-degree aggravated assault for pointing a firearm at the ... Early Release Act, N.J.S.A. 2C:43-7.2. On the fifth count of conviction, unlawful possession of a ... 9, 10. POINT II DEFENDANT'S SENTENCE IS MANIFESTLY EXCESSIVE. [ 2 ] Defendant argues that the trial judge committed reversible error when ... an excited utterance under N.J.R.E. 803(c)(2) or as a present sense impression under N.J. ...

docket:	a1104-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-17
status:	unpublished
citation:
Document Size:	34777

659 STATE OF NEW JERSEY v. WILLIAM CHISOLM A/K/A WILLIAM JORDAN -- rank: 555

... first-degree murder, N.J.S.A. 2C:43-7.2, and amended the sentence to a fifty-year term, with ... U.S. 58 , 63, 108 S. Ct. 883 , 887, 99 L. Ed.2d 54 , 66 (1988); State v. Martin , 119 N.J. 2 , 16 (1990); State v. Sloane , 111 N.J. 293 , 303 ... denied , 513 U.S. 1164 , 115 S. Ct. 1131 , 130 L. Ed.2d 1093 (1995), where the Court observed that "strangulation ...

docket:	a4914-05
court:	njappellate
decided:	2008-11-26
status:	unpublished
citation:	198 N.J. 311
Document Size:	102446

660 STATE OF NEW JERSEY v. JOHN BJUGSTAD -- rank: 555

... Geoffrey D. Soriano, Somerset County Prosecutor, attorney for respondent (James L. McConnell, Assistant Prosecutor, of counsel and on the brief). PER ... first-degree robbery, N.J.S.A. 2C:15-1a(2) (Count One), and third-degree terroristic threats, N.J.S ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant received a concurrent five-year prison sentence on the ... shoes worn during the robbery. Although defendant and his father 2 attributed defendant's conduct to drug and alcohol abuse, the ... denied , 558 U.S. 831 , 130 S. Ct. 65 , 175 L. Ed.2d 48 (2009); see also W.B. , supra , 205 ...

docket:	a1067-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-17
status:	unpublished
citation:
Document Size:	56087