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1741 STATE OF NEW JERSEY v. JEFFREY C. LEAK -- rank: 452

... Release Act (NERA), N.J.S.A. 2C:43-7.2, sentence of sixteen years in prison plus a consecutive term ... in Strickland , and adopted by our Supreme Court in Fritz . 2 To establish a prima facie claim of ineffective assistance of ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. To establish the first prong, "a defendant ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693), cert. denied , ___ U.S. ___, 133 S. ...

docket:	a4608-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-15
status:	unpublished
citation:
Document Size:	21274

1742 STATE OF NEW JERSEY v. P.D.W. -- rank: 452

... 1010. Yvonne Smith Segars, Public Defender, attorney for appellant (Roger L. Camacho, Designated Counsel, on the brief). Robert D. Bernardi, Burlington ... found him guilty of second-degree sexual assault, 1 AND 2 WITH 85% PERIODS OF PAROLE INELIGIBILITY PURSUANT TO THE NO ... defendant's statement to the police in which he "describe[ed] what he did to the child," the judge denied the ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on count two, the first-degree aggravated sexual assault. After ... as required by N.J.R.E. 803(c)(27); 2) the statement was not trustworthy; and 3) its admission violated ... 821-22, 827, 110 S. Ct. 3139 , 3150, 3153, 111 L. Ed.2d 638 , 656, 659-60 (1990)). The trial ...

docket:	a6025-05
court:	njappellate
decided:	2008-06-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	78107

1743 STATE OF NEW JERSEY v. MARK P. MCCAFFREY -- rank: 452

... aggravated assault, N.J.S.A. 2C:12-1(b)(2) (counts two and four); third-degree possession of a weapon ... Release Act (NERA), N.J.S.A. 2C:43-7.2.2 On appeal, defendant raises the following points for our consideration ... acquittal, pursuant to Rule 3:18-1, was also denied. 2 After appropriate mergers, defendant was sentenced to a twelve-year ... concurrent one-year sentence on count seven. A-0313-18T1 2 THE TRIAL COURT'S FAILURE TO CAUTIOUSLY CONSIDER WHETHER THE ... guy,' who was an old friend of hers. At around 2:45 a.m., when the bar was about to ...

docket:	a0313-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-18
status:	Unpublished
citation:
Document Size:	63382

1744 ESTATE OF DONVILLE CAMPBELL, ETC. VS. WOODCLIFF HEALTH \u0026 REHABILITATION CENTER, ET AL. -- rank: 452

... Court of New Jersey, Law Division, Bergen County, Docket No. L-7744-21. Ryan Alan Notarangelo argued the cause for appellant ... curiae New Jersey Defense Association (Cocca & Cutinello, A-3177-22 2 LLP, attorneys; Anthony Cocca and Katelyn E. Cutinello, of counsel ... failure to state a claim pursuant to Rule 4:6-2(e), alleging they owed no duty of care to Mr ... New Jersey A-3177-22 4 COVID-19 Immunity Statute, L. 2020, c. 18, and the Public Readiness and Emergency Preparedness ... denying a motion to dismiss pursuant to Rule 4:6-2(e), applying the same standard governing the trial court. ACLU ... during the public health emergency under the COVID Immunity Statute 2 and are immune from suit and liability under the ...

docket:	a3177-22a3178-22
court:	appellate
decided:	2024-06-25
status:	Published
citation:
Document Size:	68133

1745 RICHARD K. CACIOPPO v. POOL MART SERVICES, INC., et al. -- rank: 452

... the Superior Court of New Jersey, Law Division, Essex County, L-6730-05. Richard K. Cacioppo, appellant pro se. Kaplin, Stewart ... Mart, Richard A. Shire, Michelle Shire, and Aquabotics, Inc. (Amy L. SantaMaria, on the brief). Garvey, Ballou & Van Dyke, attorneys for ... PER CURIAM Plaintiff Richard K. Cacioppo appeals from the December 2, 2005 order dismissing his sixteen-count complaint filed against defendants ... the issuance of a temporary injunction, and permanent injunctive relief; (2) dissolution of the partnership agreement that purportedly created Aquabotics; (3 ... breach of contract (Agreement 1); (9) breach of contract (Agreement 2); (10) rescission of contract; (11) fraudulent or negligent misrepresentation; (12 ... 357 U.S. 235 , 253, 78 S. Ct. 1228 , 1240, 2 L. Ed.2d 1283 , 1298 (1958) (citing Int 'l ...

docket:	a3298-05
court:	njappellate
decided:	2007-07-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	52589

1746 ADAM SCHNEIDER v. BRIAN UNGER -- rank: 452

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-2533-10. Manning, Caliendo & Thomson, P.A., attorneys for appellant ... plaintiff filed a complaint against defendants in the Law Division. 2 Defendants filed an answer denying liability. With leave of the ... at 270-71, 94 S. Ct. at 720-21, 11 L. Ed. 2d at 700-01; Dairy Stores, Inc. v. Sentinel Pub ... S. at 279-80, 84 S. Ct. at 726, 11 L. Ed. 2d at 706; accord Durando v. Nutley Sun , 209 ...

docket:	a1530-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-10
status:	unpublished
citation:
Document Size:	38024

1747 STATE OF NEW JERSEY v. RONALD GARRY -- rank: 452

... 5-1 and N.J.S.A. 2C:43-7.2. On the attempted passion/provocation manslaughter conviction on count two ... performed an autopsy on the body of Rodriguez on October 2, 2003. Dr. Williams stated that Rodriguez died as the result ... denied , 489 U.S. 1022 , 109 S. Ct. 1146 , 103 L. Ed.2d 205 (1989); State v. Ramseur , 106 N.J. 123 ... denied , 516 U.S. 1129 , 116 S. Ct. 949 , 133 L. Ed.2d 873 (1996); Ramseur , supra , 106 N.J. at ...

docket:	A3869-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-08
status:	unpublished
citation:
Document Size:	46125

1748 STATE OF NEW JERSEY v. COREY ASHFORD -- rank: 452

... 16, 2004 - Decided December 20, 2004         Before Judges Stern, S.L. Reisner and Graves. On appeal from the Superior Court of ... convictions for the disorderly persons offense of contempt, See footnote 2 in the Family Part. See footnote 3 Both carry maximum ... her summation the prosecutor argued the statement was made while L.M. was "still under the stress of a startling event," and the judge found that L.M.'s call to the police and statement to the ... were admissible:     And under [ N.J.R.E. 803(c)(2)], the utterance on the telephone, this Court believes to be ... made in the heat of the moment under 803[(c)(2)], excited utterance, the Court finds there's other sufficient ...

docket:	A0680-03
court:	NJ Superior Court Appellate Division
decided:	2004-12-20
status:	published
citation:	374 N.J. Super. 332 864 A.2d 112
Document Size:	20295

1749 STATE OF NEW JERSEY v. MARTIN CARLUCCIO -- rank: 452

... appellant (Frank M. Gennaro, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (David A. Malfitano ... PCR). For the reasons that follow, we affirm. On October 2, 1998, defendant was sentenced, pursuant to a negotiated plea agreement ... aggravated assault, N.J.S.A. 2C:12-1(b)(2), to a five-year probationary term with conditions. In establishing ... U.S. 668, 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984).] The second prong of this test ... different." Id. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698. In the case of a ...

docket:	a4582-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-28
status:	unpublished
citation:
Document Size:	19403

1750 STATE OF NEW JERSEY v. ANDRE WIGGINS -- rank: 452

... Miller, Designated Counsel, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Assistant ... J.S.A. 2C:35-7 (count six). On June 2, 2006, the trial judge sentenced Andre on count one, drug ... is (1) material, and not 'merely' cumulative, impeaching, or contradictory; (2) that the evidence was discovered after completion of the trial ... U.S. 284 , 294, 93 S. Ct. 1038 , 1045, 35 L. Ed.2d 297 , 308 (1973); State v. Harold , 183 N.J ... U.S. at 294, 93 S. Ct. at 1045, 35 L. Ed. 2d at 308. The right, however, is "not ...

docket:	a0708-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-07-23
status:	unpublished
citation:
Document Size:	60124

1751 /usr/local/share/www/libweb/collections/courts/appellate/a1990-14.opn.html -- rank: 452

... Court of New Jersey, Law Division, Mercer County, Docket No. L-3045-10. Taylor & Jay, LLC, attorneys for appellant/cross-respondent ... N.J. 22 , 38 (2014). See also R. 4:46-2(c). "The practical effect of this rule is that neither ... trial court." Cypress Point Condo. Ass'n v. Adria Towers, L.L.C. , 226 N.J. 403 , 415 (2016). At issue before ... and open space." See N.J.S.A. 40:55D-2(c) (stating a purpose of the MLUL, is to promote ... Dunham, Legal and Economic Basis for City Planning , 58 Colum. L. Rev. 650, 655 (1958). As the Supreme Court of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48586

1752 STATE OF NEW JERSEY v. AL-WAHID ALI a/k/a ALFONSO ROBINSON -- rank: 452

... for respondent (Steven J. Kaflowitz, Assistant Prosecutor, of counsel; Patricia L. Cronin, on the brief). PER CURIAM In a six-count ... with third-degree burglary, N.J.S.A. 2C:18-2 (count one); third-degree theft, N.J.S.A. 2C ... second-degree eluding, N.J.S.A. 2C:43-7.2. Defendant received a consecutive five-year term with two years ... fifteen and one-half years of parole ineligibility. Shortly after 2:00 p.m. on July 27, 1999, Anthony Marsillo was ... who drove off in the dark blue Tahoe. At approximately 2:09 p.m. on July 27, 1999, Union Police Detective ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add only the following. ...

docket:	a6525-01
court:	njappellate
decided:	2006-02-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	101310

1753 STATE OF NEW JERSEY v. TAQUAN JACKSON -- rank: 452

... Deputy Public Defender, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... 1; first-degree carjacking, N.J.S.A. 2C:15-2(a)(2); second-degree possession of a firearm for an unlawful purpose ... 2C:20-3 and N.J.S.A. 2C:20-2(b)(2)(b). On April 26, 2007, defendant entered guilty pleas to ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant's plea colloquy established the basis for the ...

docket:	a5707-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	27266

1754 /usr/local/share/www/libweb/collections/courts/appellate/a2048-17.opn.html -- rank: 452

... OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2048-17T4 L.S., Plaintiff-Respondent, v. J.S., Defendant-Appellant. _________________________ Submitted February ... in 1992 and divorced in 2014. Under the parties' June 2, 2014 matrimonial settlement agreement (MSA), which was incorporated into their ... interest and/or claims to these businesses.' A-2048-17T4 2 accountant, Brian Corcoran, CPA, has determined his historical annual gross ... 000.' Defendant's mother also A-2048-17T4 3 'own[ed] a life estate on [the] property.' Plaintiff was entitled to ... half interest: 1) $32,430.61 in pendente lite obligations; 2) one-half debt due on a Target credit card; 3 ... with respective counsel[.]' Each party acknowledged that the MSA 'contain[ed] the entire understanding of the parties, and there [were] ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	35644

1755 WALTER MAGUIRE v. CATHERINE MAGUIRE -- rank: 452

... children to direct the learning process based on individual interests. 2 She explained a child becomes "very excited about different topics ... Psy.D., who performed a forensic custody evaluation. Also, Holly L. Blumenstyk, M.Ed. prepared an assessment of each child's educational status. Trial ... court's legal conclusions is always de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... U.S. 645 , 651, 92 S. Ct. 1208 , 1212, 31 L. Ed.2d 551 , 558-59 (1972). "Our law recognizes the ...

docket:	a1838-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-28
status:	unpublished
citation:
Document Size:	58896