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3631 STATE OF NEW JERSEY v. HERBERT L. WHITE -- rank: 328

... 07770-13T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. HERBERT L. WHITE, a/k/a CROSS KENTHEOTI, a/k/a WHITE HERBIE, Defendant-Appellant. August 21, 2015 Submitted February 2, 2015 - Decided Before Judges Lihotz and Rothstadt. On appeal from ... Robert D. Bernardi, Burlington County Prosecutor, attorney for respondent (Bethany L. Deal, Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Herbert L. White appeals from his conviction for third degree theft of ... of third degree burglary, N.J.S.A. 2C:18-2(a)(1) (count one), and third degree theft of movable ... hearsay that would render the statements admissible. State v. White , 158 N.J. 230 , 238 (1999). The trial court correctly ...

docket:	a0777-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-21
status:	unpublished
citation:
Document Size:	15542

3632 /usr/local/share/www/libweb/collections/courts/appellate/a3584-14.opn.html -- rank: 328

... our prior opinion. State v. Green , supra , slip op. at 2-5. Suffice it to say here that defendant and his ... 88, 694, 104 S. Ct. 2052, 2064-65, 2068, 80 L. Ed. 2d 674, 693-94, 698 (1984) ; State v. Fritz , 105 ... denied , 545 U.S. 1145, 125 S. Ct. 2973, 162 L. Ed. 2d 898 (2005)). We also review issues of law de ... U.S. at 691, 104 S. Ct. at 2066, 80 L. Ed. 2d at 695). However, "a petitioner must do ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	16851

3633 Mount Laurel Township v. Stanley -- rank: 328

... events: (1) the date possession is taken by the condemnor, (2) the date of the filing of a condemnation complaint, or ... property owner’s “use and enjoyment” have been “substantially affect[ed]” requires a determination as to what effect, if any, the ... and Lucia Stanley (Stanley), plaintiff Mount Laurel Township See footnote 2 (Township) filed its complaint in condemnation. During that same period ... themselves and others similarly situated,     Plaintiffs/Intervenors-Petitioners,         v. RICHARD L. STANLEY AND LUCIA STANLEY, his wife,     Defendants-Respondents.         and HUDSON ... dismissed , 423 U.S. 808 , 96 S. Ct. 18 , 46 L. Ed. 2 d 28 (1975) ( Mount Laurel I ), and Southern ...

docket:	a-103-104
court:	njsupreme
decided:	2005-11-21
status:
citation:	*CITE_PENDING*
Document Size:	23563

3634 STATE OF NEW JERSEY v. COREY MAGGETTE -- rank: 328

... was ineffective. We find no merit to this contention, Rule 2:11-3(e)(2), and affirm substantially for the reasons stated by Judge Clark ... omitted), cert. denied , ___ U.S. ____, 133 S. Ct. 1454 , 185 L. Ed.2d 361 (2013); see also Strickland v. Washington , 466 U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. DiFrisco , 137 N. ...

docket:	a1649-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-17
status:	unpublished
citation:
Document Size:	18707

3635 STATE OF NEW JERSEY v. CHARLES BOND -- rank: 325

... following conditions: (1) 193 days in county jail (time served), (2) compliance with the conditions of Megan's Law, including CSL ... 1) DEFINE THE "SPECIAL SENTENCE" OF COMMUNITY SUPERVISION FOR LIFE, (2) DEFINE THE CRIME OF BREACHING ANY CONDITION OF THAT SPECIAL ... fails to (1) adequately describe what conduct it proscribes and (2) define what comprises "good cause." Defendant also asserts that " N ... dangerous substance . . . as defined in N.J.S. 2C:35-2 and N.J.S. 2C:35-11 . . . ." Therefore, the Legislature ... 43-6.4 because (1) "community supervisees" are not parolees, (2) N.J.S.A. 2C:43-6.4 does not ... S. 337 , 340, 72 S. Ct. 329 , 330-31, 96 L. Ed. 367 , 371 (1952)).]     Defendant's contention that N. ...

docket:	a5021-01
court:	njappellate
decided:	2003-12-17
status:	published
citation:	365 N.J.Super. 430 365 N.J. Super. 430
Document Size:	31818

3636 IN THE MATTER OF M.P a Disabled Adult -- rank: 325

... home in Newark and offered it to Jessica on May 2, 2008. DDD also informed Jessica that it would hold an ... have sent the case to OAL as a contested case, (2) that DDD's decision was arbitrary, capricious, and unreasonable, (3 ... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing the agency's ... 355 (1987) (quoting Boyle v. Riti , 175 N.J. Super. 158 , 166 (App. Div. 1980)) (citing In re Guardianship Servs. Regulations ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) ...

docket:	a3019-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	31629

3637 STATE OF NEW JERSEY v. LORENZO BARRENECHEA -- rank: 325

... for effective assistance of counsel. We affirm. I. On January 2, 2002, several Elizabeth police officers went to 158 Park Place to arrest defendant on a parole violation warrant ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). Performance is deficient "when counsel made ... Amendment ." Id. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. To show prejudice, the defendant must ...

docket:	a5216-07
court:	superior court appellate division
decided:	2009-08-20
status:	unpublished
citation:
Document Size:	34850

3638 STATE OF NEW JERSEY v. TROY VALENTINE -- rank: 325

... charge for third-degree burglary. See Model Jury Charge (Crimina l) , "Burglary in the Third Degree" (1997). The use of model ... 325 , 333-35 (App. Div. 1998), aff'd o.b. , 158 N.J. 149 , 150 (1999). Even so, at times "it ... offense of burglary under N.J.S.A. 2C:18-2 requires proof beyond a reasonable doubt of the following elements: (1) defendant entered a structure or research facility; (2) without permission; and (3) with the purpose to commit an ... criminal trespass if he: (1) "enters or surreptitiously remains in[;]" (2) a "research facility, structure, or separately secured or occupied portion ... S. 205 , 212-13, 93 S. Ct. 1993 , 1998, 36 L. Ed.2d 844 , 850 (1973) (emphasis in original); s ...

docket:	a5236-07
court:	superior court appellate division
decided:	2010-08-27
status:	unpublished
citation:
Document Size:	49663

3639 STATE OF NEW JERSEY v. JIHAD BASSIT -- rank: 325

... murder, N.J.S.A. 2C:11-3a(1) and (2), first degree attempted murder, N.J.S.A. 2C:5 ... conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3a(1) and (2). On June 9, 2010, defendant entered into a negotiated agreement ... Release Act (NERA), N.J.S.A. 2C:43-7.2. At the plea hearing, the judge questioned defendant directly to ... the court pursuant to the summary review process in Rule 2:9-11. We affirmed. State v. Jihad Bassit , Docket No ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by this ...

docket:	a4135-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-05
status:	unpublished
citation:
Document Size:	23443

3640 JOHN GIERCYK v. CITY OF ESTELL MANOR PLANNING ZONING BOARD -- rank: 325

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-0717-15. John Giercyk, appellant pro se. Nehmad Perillo & Davis ... use variance1 and site plan waiver to Hendricks House, Inc.2 (Hendricks), a non-profit corporation that operated two drug and ... 1 See N.J.S.A. 40:55D-70(d). 2 Hendricks House, Inc., was improperly pled as Hendricks House, LLC. 2 A-2729-15T2 proposed use was identical to the prior ... The Board conducted two hearings on the application on December 2, 2014 and January 6, 2015. In support of the application ... public interest at stake' that 'may outweigh the negative criteria[;]' (2) 'identify the detrimental effect that will ensue from the ...

docket:	a2729-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-18
status:	unpublished
citation:
Document Size:	57145

3641 STATE OF NEW JERSEY v. LARRY BARASCH -- rank: 325

... arguing that: (1) the trial judge mistakenly interrupted jury deliberations; (2) the trial judge erroneously instructed the jury regarding the elements ... denied , 488 U.S. 994 , 109 S. Ct. 560 , 102 L. Ed.2d 586 (1988); In re Stringer , 847 F.2d 549 ... U.S. 668 , 688, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). In making that assessment, we "must ... hindsight." Id. at 689, 104 S. Ct. at 2065, 80 L. Ed. 2d at 694. Accordingly, we are required to " ...

docket:	A0459-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-27
status:	unpublished
citation:
Document Size:	34146

3642 STATE OF NEW JERSEY v. PAUL W. KERSEY, JR. -- rank: 325

... proceeded despite defendant's request for additional delay. We affirm. 2 The State's principal witness was an investigator employed by ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004); State v. Buda , 195 N.J. 278 ... must: (1) be made in the regular course of business, (2) within a short time of the events described in it ... the statement was credible and inculpatory. See State v. White , 158 N.J. 230 , 246-47 (1999). There must be ...

docket:	a5275-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-07
status:	unpublished
citation:
Document Size:	33999

3643 D.D. RESIDENTIAL LTD PARTNERSHIP - v. NEW JERSEY PINELANDS COMMISSION - -- rank: 325

... density of 4.75 dwelling units per acre or 7.2 dwelling units per acre with PD Credits. B. The Hamilton ... planned developments to 1.6 dwelling units per acre or 2.5 dwelling units per acre with PD Credits. The Commission ... Credits to develop Phases IV and V of Hamilton Greene. 2 After the parties filed exceptions to the ALJ's decision ... D. had actually acquired and redeemed the requisite PD Credits; (2) it violated township ordinance § 203-107 by failing to ... of an administrative agency's final decision. In re Taylor , 158 N.J. 644 , 656-57 (1999); Public Serv. Elec. & Gas ... Brandt , 459 U.S. 962 , 103 S. Ct. 286 , 74 L. Ed.2d 272 (1982). "Appellate courts must defer to ...

docket:	a1464-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-27
status:	unpublished
citation:
Document Size:	48882

3644 STATE OF NEW JERSEY v. JOSEPH QUIONES -- rank: 325

... sentenced defendant to pay a $250 fine for each offense, $158 in mandatory fees and court costs, and enjoined defendant from ... conviction in the Law Division pursuant to Rule 3:23-2. As provided for in Rule 3:23-8(a), the ... card under the name of Regina Sudnik was being used. 2 Accompanied by another investigator and a supervisor, Osinski approached defendant ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Defendant's argument as reflected in Point II, although equally ... 541 U.S. 36 , 56, 124 S. Ct. 1354 , 1367, 158 L. Ed.2d 177 , 195 (2004). A party seeking ...

docket:	a4091-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-07
status:	unpublished
citation:
Document Size:	17570

3645 JOYCE A. POLISENO, Individually, et al. v. GENERAL MOTORS CORPORATION, et al. -- rank: 325

... defect resulted in the vehicle not being "crashworthy." See footnote 2 2 She claimed that defects in the door welds caused enhanced ... percent were caused by the defective welds. The jury awarded $2.2 million in damages for Kuhlbars' wrongful death and $100,000 ... of proof with respect to the apportionment of crashworthy damages; (2) death is an indivisible injury incapable of apportionment; and (3 ... not reasonably safe for its intended use?             Yes - 7 No - 2         2. Were the defective door beam welds a proximate ...

docket:	a2024-97
court:	njappellate
decided:	2000-02-08
status:	published
citation:	328 N.J.Super. 41
Document Size:	52895