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1666 STATE OF NEW JERSEY v. RASOOL McCRIMMON -- rank: 457

... Law Division, Essex County, Indictment No. 05-01-0054. Alan L. Zegas argued the cause for the appellant (Law Offices of Alan L. Zegas, attorneys; Mr. Zegas, Edward J. Byrne and Terel L. Klein, on the briefs). Lucille M. Rosano, Special Deputy Attorney ... murder, N.J.S.A. 2C:11-3a(1) and (2) (Count One); third degree unlawful possession of a weapon (a ... of the inconsistencies in Lester's testimony, after a Gross 2 hearing, the trial judge permitted several portions of Lester's ... U.S. 78 , 88, 55 S. Ct. 629 , 633, 79 L. Ed. 1314 , 1321 (1935)). The prosecutor must ensure the ...

docket:	a0477-07
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	62888

1667 STATE OF NEW JERSEY v. ANTHONY J. PASQUALINI -- rank: 457

... Davis' wife, the other GWS co-owner, contacted Paul Gulgun 2 and inquired if he had any information about the missing ... day defendant emailed Davis' wife and said that he "REGRETT[ED] what ha[s] been done." He also stated that "[p ... Plain error in the context of a jury charge is '[l]egal impropriety in the charge prejudicially affecting the substantial rights ... s own explanation for committing the theft. Pursuant to Rule 2:10-2: Any error or omission shall be disregarded by the appellate ... denied. 374 U.S. 816 , 83 S. Ct. 1710 , 10 L. Ed.2d 1039 (1963); State v. Plowden , 126 N. ...

docket:	a5807-08
court:	superior court appellate division
decided:	2010-12-28
status:	unpublished
citation:
Document Size:	53576

1668 STATE OF NEW JERSEY v. DOMINGO MANN -- rank: 457

... he failed to object to the robbery jury charge, and (2) he failed to advise h im that he faced life ... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984). Whether "retained or appointed," counsel must ... at 685-86, 104 S. Ct. at 2062-63, 80 L. Ed. 2d at 692 (quoting McMann v. Richardson , 397 U.S ... n.14, 90 S. Ct. 1441 , 1449 n.14, 25 L. Ed.2d 763 , 773 n.14 (1970)). The New ...

docket:	a1491-08
court:	superior court appellate division
decided:	2010-08-30
status:	unpublished
citation:
Document Size:	60273

1669 STATE OF NEW JERSEY v. GARY HOLMES -- rank: 457

... Williams stopped the car. The driver identified himself as Gary L. Jenkins, and he gave Williams personal information, including a social ... statements were admissible under N.J.R.E . 803(c)(2), the hearsay exception for excited utterances. Defendant then moved pursuant ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004), the Court stated that the Confrontation Clause ... some fact." Id. at 51, 124 S. Ct. at 1364, 158 L. Ed. 2d at 192 (quoting 1 N. Webster, ...

docket:	A1952-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-16
status:	unpublished
citation:
Document Size:	44195

1670 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. L.M. and P.T IN THE MATTER OF THE GUARDIANSHIP OF M.M., N.M., and S.M -- rank: 457

... DIVISION OF YOUTH AND FAMILY SERVICES, 1 Plaintiff-Respondent, v. L.M. and P.T., Defendants-Appellants. _________________________________ IN THE MATTER OF ... 52-11. Joseph E. Krakora, Public Defender, attorney for appellant L.M. (Carol A. Weil, Designated Counsel, on the brief). Joseph ... Defender, on the brief). PER CURIAM In these consolidated appeals, L.M. (Laura) 2 appeals from a November 9, 2011 judgment of guardianship, terminating ... Martin), born September 25, 2001; S.M. (Sally), born October 2, 2002; and N.M. (Norman), born July 8, 2009. Sally ... and evaluations, but failed to follow through voluntarily. On April 2, 2007, the Division commenced an action for the care ...

docket:	a1933-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-02-12
status:	Published
citation:
Document Size:	65895

1671 STATE OF NEW JERSEY v. MIKE MARTINEZ -- rank: 457

... Geoffrey D. Soriano, Somerset County Prosecutor, attorney for respondent (James L. McConnell, Assistant Prosecutor, of counsel and on the brief). The ... and N.J.S.A. 2C:11-3(a)(1),(2), third degree possession of a weapon for unlawful purposes, N ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Specifically, after merging the convictions of third degree possession of ... any vital signs. Dr. Hammond pronounced Kerron Butler dead at 2:46 a.m., on January 1, 2005; he was twenty ... by the trial court. C In his first two statements, 2 defendant claimed he was part of a large group of ... inaud[ible]) stabbed him. He claimed that "[s]omebody hand[ed] me a knife, I really don't remember who." ...

docket:	a0655-09
court:	NJ Superior Court Appellate Division
decided:	2013-11-13
status:	unpublished
citation:
Document Size:	98234

1672 STATE OF NEW JERSEY v. L.W. -- rank: 457

... 5496-03T45496-03T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. L.W., Defendant-Appellant. _______________________________ Submitted: February 26, 2007 - Decided March 28, 2007 Before Judges S.L. Reisner, Seltzer and King. On appeal from the Superior Court ... was returned by a Passaic County grand jury against defendant, L.W. He was charged with: Count one - aggravated sexual assault ... U.S. 805 , 822, 110 S. Ct. 3139 , 3150, 111 L. Ed.2d 638 , 657 (1990). Among the factors to be considered ... Id. at 821-22, 110 S. Ct. at 3150, 111 L. Ed. 2d at 656. There is no requirement that ...

docket:	a5496-03
court:	njappellate
decided:	2007-03-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73634

1673 INTERLOTTO, INC., & INVESTCO, LTD., VS THE NATIONAL LOTTERY ADMINISTRATION, ET AL -- rank: 457

... Pittinsky), joins in the brief of Interlotto, Inc. See footnote 2         The opinion of the court was delivered by KEEFE, J ... Washington , 326 U.S. 310 , 316, 66 S. Ct. 154 , 158, 90 L. Ed. 95 , 102 (1945).     Interlotto correctly states the principle that, under ... denied , 454 U.S. 1148 , 102 S. Ct. 1012 , 71 L. Ed.2d 301 (1982). But the federal courts have been ...

docket:	a2138-94
court:	njappellate
decided:	1997-02-20
status:	published
citation:	298 N.J.Super. 127
Document Size:	27207

1674 STATE OF NEW JERSEY v. JESUS DELGADO, -- rank: 457

... Hudson County.         Ivelisse Torres, Public Defender, attorney for appellant (Regina L. Gelzer, Designated Counsel, on the brief).         John J. Farmer, Jr ... revealed the course of abuse to her adopted sister, G.L., though she did not reveal any specifics of the assaults at that time. G.L. encouraged T.S. to tell her mother, which she eventually ... Craig , 497 U.S. 836 , 110 S.Ct. 3157 , 111 L.Ed.2d 666 (1990). New Jersey's statute has consistently been ... discussion of this point would have no precedential value. R. 2:11-3(e)(2); State v. Smith , 158 N. ...

docket:	a1284-98
court:	njappellate
decided:	2000-01-03
status:	published
citation:	<a href=
Document Size:	26136

1675 J.M.S. and G.S and S.S v. J.W. and E.W. -- rank: 457

... 13, 2011 - Decided Before Judges A.A. Rodríguez, C.L. Miniman and LeWinn. On appeal from the Superior Court of ... the children's temporary foster parents for almost two years; (2) the children were later adopted by defendants who are related ... under the grandparent visitation statute, N.J.S.A. 9:2-71, as the judge below found largely in reliance on ... Adoption of a Child by W.P. , 163 N.J. 158 (2000). W.P. , which addressed the issue of grandparent visitation ... judgment to defendants; we reinstate plaintiffs' complaint for grandparent visitation 2 and remand for further proceedings. The children were born in ... the children's caretakers from March 2003 to December 2004; (2) the children were experiencing a "feeling of isolation through ...

docket:	a0938-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-20
status:	published
citation:	420 N.J. Super. 242 20 A.3d 458
Document Size:	42892

1676 STATE OF NEW JERSEY v. DAVID ROMEO -- rank: 457

... defendant with official misconduct, N.J.S.A. 2C:30-2. The trial court conducted a pretrial hearing over the course ... on January 27, 2002, between 1:00 a.m. and 2:00 a.m., he and some friends chased someone into ... in the second degree, N.J.S.A. 2C:30-2. On May 21, 2010, defendant was sentenced to a term ... AND WAS TOO REMOTE IN TIME IN VIOLATION OF COFIELD . 2 b. THE COURT ERRED IN ALLOWING THE JURY TO HEAR ... legitimate means to secure a just one. State v. Frost , 158 N.J. 76 , 83 (1999). When considering allegations of prosecutorial ... to a fair trial. State v. Smith , 167 N.J. 158 , 181 (2001); see State v. Marshall , 123 N.J. ...

docket:	a4580-09
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	106487

1677 STATE OF NEW JERSEY v. JOHN A. BERTOLINI -- rank: 457

... handcuffed him to a bench, and administered defendant his Miranda 2 rights. Officer Ferreiro testified that even without the results of ... Maryland , 373 U.S. 83 , 83 S. Ct. 1194 , 10 L. Ed.2d 215 (1963) by failing to produce a videotape of ... bad faith or connivance on the part of the government; (2) whether the evidence suppressed, lost or destroyed was sufficiently material ... S. 544 , 547-48, 124 S. Ct. 1200 , 1202, 157 L. Ed.2d 1060 , 1066 (2004). To establish bad faith, we ...

docket:	a3220-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-03
status:	unpublished
citation:
Document Size:	36854

1678 STATE OF NEW JERSEY v. JAMES ANASTI -- rank: 457

... 8); N.J.S.A. 2C:43-12c(9)" and (2) "A Somerset County TASC [Treatment Assessment Services for the Courts ... Drug distribution, whatever the drug may be, is quite serious. (2) The facts of the case; Defendant was in possession of ... be a "patent and gross abuse of discretion" that "'subvert[ed] the goals' underlying Pretrial Intervention.'" The trial court repeatedly characterized ... Kelsey , 200 N.J. 507 , 512-13 (2009); Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... a 'patent and gross abuse of discretion.'" State v. Caliguiri , 158 N.J. 28 , 37 (1999) (quoting Wallace , supra , 146 N ... County Prosecutor , 171 N.J. 561 , 572 (2002); Caliguiri , supra , 158 N.J. at 37; State v. Bender , 80 N. ...

docket:	a3172-09
court:	superior court appellate division
decided:	2010-10-12
status:	unpublished
citation:
Document Size:	44919

1679 STATE OF NEW JERSEY v. MIGUEL JONES -- rank: 457

... secure Jones and Greene while the search was being conduct[ed] of the apartment. . . . Without searching the bedroom, Detective Diorio asked ... jury was "clearly capable of producing an unjust result." R. 2:10-2; see also id. at 397-98. We understand defendant's ... denied , 347 U.S. 951 , 74 S. Ct. 675 , 98 L. Ed. 1097 (1954). Counsel's refusal of the court's offer ... deprived defendant of a fair trial. See State v. Frost , 158 N.J. 76 , 83 (1999). Defendant's counsel did ...

docket:	a5597-12
court:	NJ Superior Court Appellate Division
decided:	2016-01-11
status:	unpublished
citation:
Document Size:	41463

1680 STATE OF NEW JERSEY v. GEORGE RUIZ -- rank: 457

... third-degree official misconduct, N.J.S.A. 2C:30-2, and the disorderly persons offense of theft by unlawful taking ... IMPROPERLY (1) OPINING FROM THE STAND THAT HE WAS GUILTY; (2) STRESSING THAT THE REPUTATIONS OF ALL LAW ENFORCEMENT OFFICERS WERE ... PROSECUTOR'S OFFICE, TOLD THE JURY THAT RUIZ WAS GUILTY 2. THE PROSECUTOR IMPROPERLY STRESSED THAT A GUILTY VERDICT WOULD PROTECT ... shoe tree hanging on the back of the closet door. 2 Following protocol, Francis left the money in place. However, when ... S. 83 , 87, 83 S. Ct. 1194 , 1196-97, 10 L. Ed.2d 215 , 218 (1963). If the evidence is only ...

docket:	a0810-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-18
status:	unpublished
citation:
Document Size:	41163