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961 STATE OF NEW JERSEY v. DARRYL PROCTOR -- rank: 518

... that they lack sufficient merit to warrant discussion. See R. 2:11- 3(e)(2). 2 Another officer testified that his report indicated seven- hundred and ... Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). 4 The judge conducted a N.J ... the capacity to bring about an unjust result. See R. 2:10-2. We recite Holloway's testimony at length. ...

docket:	a3589-07
court:	superior court appellate division
decided:	2010-01-05
status:	unpublished
citation:
Document Size:	62760

962 STATE OF NEW JERSEY v. IVERY BRINSON -- rank: 518

... conspiracy to commit robbery, N.J.S.A. 2C:5- 2; second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2; first-degree carjacking, N.J.S.A. 2C:15-2; second-degree unlawful possession of a weapon, N.J.S ... testimony of: J.A., the carjacking victim; defendant's cousins, L.C. and S.C., who helped police identify defendant; and ... Ricci of the Essex County Prosecutor's A-1750-21 2 Office (ECPO) Crime Scene Unit. The State adduced video and ... photos that were released to the public. These photos prompted L.C. to contact the police and identify defendant and ...

docket:	a1750-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-24
status:	Unpublished
citation:
Document Size:	34127

963 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 518

... degree range, N.J.S.A. 2C:44-1(f)(2), to a term of three years imprisonment subject to the ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The charge stemmed from defendant, an admitted drug dealer, concocting ... charge and the consequences of the plea[,]" R. 3:9-2, the court accepted defendant's guilty plea. Prior to sentencing ... our Excessive Sentence Oral Argument (ESOA) calendar pursuant to Rule 2:9-11, and affirmed. State v. Houston , No. A-3047 ... evidence do not support a conviction for that offense; and (2) failing to file a motion to withdraw his guilty plea ... defendant, "[t]he fake drugs were soap shavings which look[ed] like crack cocaine." Defendant certified that when he realized ...

docket:	a3025-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-21
status:	unpublished
citation:
Document Size:	34356

964 STATE OF NEW JERSEY v. LUQMAN N. ABDULLAH -- rank: 518

... was convicted of eluding, N.J.S.A. 2C:18-2. He was sentenced to three years probation on the eluding ... police encounter with defendant on January 17, 2002, at around 2:39 a.m. At that time, plainclothes officers John Mair ... CDS), in violation of N.J.S.A. 2C:18-2. Defendant's motion to suppress was denied and the matter ... the following discussion is appropriate in a written opinion. R. 2:11-3(e)(2). I. In denying the motion to suppress, the motion judge ... hour of the day, the fact that it was, approximately, 2:30 in the morning, the fact that an exchange ...

docket:	a5325-03
court:	njappellate
decided:	2006-01-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	55743

965 STATE OF NEW JERSEY v. SANTINO J. MICELLI a/k/a SANTINO J. MICELI a/k/a SANTINO MICELI -- rank: 518

... appellant (Kevin G. Byrnes, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (David A. Malfitano ... at 3:30 a.m. on August 24. At approximately 2:30 a.m. on August 24, a blue Suzuki caught ... detective concerning the Attorney General Guidelines ( Guidelines ) for photo identifications. 2 The judge barred the defense from doing so because Detective ... Brathwaite , 432 U.S. 98 , 97 S. Ct. 2243 , 53 L. Ed.2d 140 (1977). In Herrera , our Supreme Court identified the ... U.S. at 114, 97 S. Ct. at 2253, 53 L. Ed. 2d at 154).] "Reliability is the linchpin in ...

docket:	a1485-10
court:	New Jersey Superior Court Appellate Division
decided:	2012-02-14
status:	Published
citation:
Document Size:	65715

966 STATE OF NEW JERSEY v. J.I.F -- rank: 518

... Defendant-Appellant. ________________________________ Submitted: November 18, 2009 - Decided: Before Judges C.L. Miniman and Waugh. On appeal from the Superior Court of ... Michael C. Kazer, Desig­nated Counsel, on the brief). Robert L. Taylor, Cape May County Prosecu­tor, attorney for respondent (J ... various conduct over time, including: (1) isolation from support systems; (2) intimidation and threats; (3) degradation; (4) tactics and strategies involving ... begin to follow exactly what is demanded by the batterer; (2) they can become "numb" to the degradation that occurs; or ... Chief Justice Wilentz noted that N.J.R.E. 56(2) (now N.J.R.E. 702) provided: that an expert ... matter that is beyond the ken of the average juror; (2) the field tes­tified to must be at a ...

docket:	a6270-07
court:	superior court appellate division
decided:	2010-03-04
status:	unpublished
citation:
Document Size:	116401

967 STATE OF NEW JERSEY v. SHAKEIL R. PRICE -- rank: 518

... Defendant-Appellant. ____________________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALLAN L. EAFORD, a/k/a ALLAN LASHAUN EAFORD, ALAN EAFORD, LASHAWN S. EAFORD, ALLEN L. EAFORD, BILL EAFORD, Defendant-Appellant. _____________________________________________________ March 12, 2014 Submitted November ... brief). Joseph E. Krakora, Public Defender, attorney for appellant Allan L. Eaford (William Welaj, Designated Counsel, on the brief). Andrew C ... that she saw the man, who Rodriguez identified as Eaford, 2 point a gun at Soto. Cleary recounted that she heard ... Glen Drive occurrence in the early morning hours of August 2, 2008. This video lies at the heart of one of ... Point III, to warrant discussion in a written opinion. R. 2:11-3(e)(2). With the exception of remanding ...

docket:	a2937-10
court:	NJ Superior Court Appellate Division
decided:	2014-03-12
status:	unpublished
citation:
Document Size:	58370

968 STATE OF NEW JERSEY v. JEROME SHAW -- rank: 518

... brief for appellant Jerome Shaw in A-0971-11; Jack L. Weinberg, Designated Counsel, on the brief for appellant Ada Knowles ... property into the State, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-7. The State ... females, later identified as Knowles, Kristal Middleton, and Quinetta Kersey. 2 Lieutenant Panichella testified at the suppression hearing that the four ... Ohio , 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), as Shaw attempted to get into the ... specifically as to (1) the items taken from Shaw; and (2) the confiscated black shoulder bag and its contents. A. ...

docket:	a1318-11xx
court:	NJ Superior Court Appellate Division
decided:	2014-01-03
status:	unpublished
citation:
Document Size:	94877

969 STATE OF NEW JERSEY v. SHAKEIL R. PRICE -- rank: 518

... Defendant-Appellant. ____________________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALLAN L. EAFORD, a/k/a ALLAN LASHAUN EAFORD, ALAN EAFORD, LASHAWN S. EAFORD, ALLEN L. EAFORD, BILL EAFORD, Defendant-Appellant. _____________________________________________________ March 12, 2014 Submitted November ... brief). Joseph E. Krakora, Public Defender, attorney for appellant Allan L. Eaford (William Welaj, Designated Counsel, on the brief). Andrew C ... that she saw the man, who Rodriguez identified as Eaford, 2 point a gun at Soto. Cleary recounted that she heard ... Glen Drive occurrence in the early morning hours of August 2, 2008. This video lies at the heart of one of ... Point III, to warrant discussion in a written opinion. R. 2:11-3(e)(2). With the exception of remanding ...

docket:	a5405-10xx
court:	NJ Superior Court Appellate Division
decided:	2014-03-12
status:	unpublished
citation:
Document Size:	58369

970 STATE OF NEW JERSEY v. DERRICK LENNON -- rank: 518

... Release Act (NERA), N.J.S.A. 2C:43-7.2. The State's proofs demonstrated that defendant and his fiancĂ ... defendant brandished a hammer and threateningly told the victim to "[l]et go of the car door." Defendant and the fiancĂ ... for certification. 1 Defendant then filed his petition for PCR. 2 His counsel 3 contended that defendant received ineffective assistance of ... S. 668, 684-85, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 691-92 (1984). "[W]hether retained or appointed ... at 685-86, 104 S. Ct. at 2062-63, 80 L. Ed. 2d at 692 (quoting McMann v. Richardson , 397 ...

docket:	a3508-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-28
status:	unpublished
citation:
Document Size:	25631

971 Trantino v. New Jersey Parole Board -- rank: 518

... be arbitrary or an abuse of discretion. (pp. 4-7)      2. For prisoners serving a sentence under Title 2A, the current ... appellants ( Peter Verniero , Attorney General of New Jersey, attorney; Joseph L. Yannotti and Mary C. Jacobson , Assistant Attorneys General, of counsel; Mr. McCoach , Jennifer L. Kleppe , Dianne M. Moratti and Andrew R. Sapolnick , Deputy Attorneys ... before us as a matter of right pursuant to Rule 2:2-1(a)(2), concerns the criteria upon which inmates sentenced to prison ...

docket:	a-43-97
court:	njsupreme
decided:	1998-05-18
status:
citation:	154 N.J. 19
Document Size:	74848

972 IN THE MATTER OF MICHAEL HUCHKO -- rank: 518

... S.A. 40A:14-147, N.J.A.C. 4A:2-2.3(a)1, N.J.A.C. 4A:2-2.3(a)3, N.J.A.C. 4A:2-2.3(a)6, N.J.A.C. 4A:2- ...

docket:	A1228-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-12
status:	unpublished
citation:
Document Size:	111003

973 STATE OF NEW JERSEY v. KIERON JACKSON -- rank: 518

... Early Release Act, N.J.S.A. 2C:43-7.2. Therefore, defendant's aggregate sentence was forty years imprisonment, of ... v. O'Neill , 193 N.J. 148 (2007). See R. 2:6-11(d). We reject defendant's arguments and affirm ... n.14, 90 S. Ct. 1441 , 1449 n.14, 25 L. Ed.2d 763 , 773 n.14 (1970). This right extends to ... U.S. 387 , 396, 105 S. Ct. 830 , 836, 83 L. Ed.2d 821 , 830 (1985). It entails the right "to ...

docket:	a1934-06
court:	NJ Superior Court Appellate Division
decided:	2009-01-08
status:	unpublished
citation:	199 N.J. 133 970 A.2d 1049
Document Size:	112619

974 STATE OF NEW JERSEY v. JEROME SHAW -- rank: 518

... brief for appellant Jerome Shaw in A-0971-11; Jack L. Weinberg, Designated Counsel, on the brief for appellant Ada Knowles ... property into the State, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-7. The State ... females, later identified as Knowles, Kristal Middleton, and Quinetta Kersey. 2 Lieutenant Panichella testified at the suppression hearing that the four ... Ohio , 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), as Shaw attempted to get into the ... specifically as to (1) the items taken from Shaw; and (2) the confiscated black shoulder bag and its contents. A. ...

docket:	a0971-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-03
status:	unpublished
citation:
Document Size:	94867

975 Fertile v. St. Michael's Medical Center -- rank: 518

... possible, resort to an order of remittitur. (Pp. 11-14) 2. The comments in the summation of plaintiffs' counsel that were ... did not file a protective cross-petition pursuant to Rule 2:12-11. We granted certification. 165 N.J. 679 (2000 ... other remedies are available including remittitur and additur See footnote 2 2 . Velop, Inc. v. Kaplan , 301 N.J. Super. 32 , 42 ... condition for denial of the motion.” Rayburn, supra , 43 Miss. L.J. at 107. In other words, remittitur denies a defendant ... the necessity of a new trial. Rayburn, supra , 43 Miss. L.J. at 107. Remittitur has long been employed by ...

docket:	a-49-00
court:	njsupreme
decided:	2001-07-25
status:
citation:	169 N.J. 481
Document Size:	68933