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4111 STATE OF NEW JERSEY v. DIJON B. PEELE -- rank: 285

... be pleading guilty on Indictment 01-12-1634 to Count 2, possession with intent to distribute a controlled dangerous substance, a ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... manifest injustice" pursuant to Rule 3:21-1. Id. at 158. Regardless of the timing, "'the burden rests on the defendant ... facts in the record that buttress their claim." Id. at 158. Here, the trial court observed "[t]he defendant made no ... the weight of the CDS found in defendant's possession; (2) the plea proceedings were conducted in a "hurried manner"; and ... of a plea bargain. Slater , supra , 198 N.J. at 158. "Under our case law, defendants have a heavier burden ...

docket:	a3065-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-04
status:	unpublished
citation:
Document Size:	40133

4112 YESSENIA MONTALVO v. POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 285

... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The appellant bears the burden of showing ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) the ... have reached a different result itself." Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988). If, however, our ... not entitled to judicial deference and must be set aside. L.M. v. Div. of Med. Assistance & Health Servs. , 140 N ... simply rubber stamp an agency's decision. In re Taylor , 158 N.J. 644 , 657 (1999). In Richardson , supra , 192 ...

docket:	a0377-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-06
status:	unpublished
citation:
Document Size:	22980

4113 STATE OF NEW JERSEY v. ERIC JAMES -- rank: 285

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from the judgment of conviction entered on December ... one); first-degree carjacking, N.J.S.A. 2C:15-2 (count two); second-degree aggravated assault, serious bodily injury, N ... deadly weapon, N.J.S.A. 2C:12-1(b)(2) (count four); fourth-degree unlawful possession of a weapon, a ... 80, 96 (2004) (citing State v. Smith , 167 N.J. 158 , 177 (2001)). "Not every improper prosecutorial statement will warrant a ... defendant of a fair trial.'" Ibid. (quoting State v. Frost , 158 N.J. 76 , 83 (1999) (alteration in original)). The reviewing ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether ...

docket:	a4049-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-23
status:	unpublished
citation:
Document Size:	28069

4114 IN THE MATTER CIVIL COMMITMENT OF J.G. -- rank: 280

... potential for dangerous conduct. In re Commitment of R.B. , 158 N.J. Super. 542 , 547 (App. Div. 1978). "[T]he ... dangerous conduct within the reasonably foreseeable future." In re S.L. , 94 N.J. 128 , 138 (1983) (quoting State v. Krol ... Washington , 446 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984) and State v. Fritz , 105 N.J ... U.S. at 694, 104 S. Ct. at 2068, 80 L. Ed.2d 698 . The error committed must be so serious ...

docket:	A3757-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-29
status:	unpublished
citation:
Document Size:	38130

4115 STATE OF NEW JERSEY v. ANTHONY MARTIN -- rank: 280

... 1 and N.J.S.A. 2C:12-1(b)(2) (counts ten and eleven). Defendant was sentenced to a seven ... of the issues raised in Points I and II. R. 2:11-3(e)(2). We therefore affirm defendant's convictions and his sentence with ... Johnson's statement was harmless beyond a reasonable doubt. R. 2:10-2; Chapman v. California , 386 U.S. 18 , 24, 87 S. Ct. 824 , 828, 17 L. Ed.2d 705 , 710-11 (1967); State v. Macon , ...

docket:	a2978-07
court:	NJ Superior Court Appellate Division
decided:	2009-09-09
status:	unpublished
citation:
Document Size:	20781

4116 STATE OF NEW JERSEY v. ANTHONY GUMMERSON -- rank: 280

... ————— November 19, 2012 Submitted October 2, 2012 - Decided Before Judges Reisner and Hoffman. On appeal from ... For the reasons that follow, we affirm. I. On May 2, 2010, at approximately 1:30 a.m., Corporal Brian Bigham ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons set forth in Judge ... 54 , cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). This archive is a service ...

docket:	a0590-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-19
status:	unpublished
citation:
Document Size:	19591

4117 STATE OF NEW JERSEY v. MAHESHKUM PATEL -- rank: 280

... facts are not entitled to any special deference." Manalapan Realty, L.P. v. T w p. Comm. of Manalapan , 140 N ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Defendant also argues in Point I that if we conclude ... marijuana, 384 U.S. 436, 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966) The Alcotest instrument used to test defendant ... J. 54 , 65, cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). The present matter ...

docket:	a3558-06
court:	njappellate
decided:	2009-02-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	29462

4118 SeaboardLanding, LLC v. Borough of Penns Grove -- rank: 280

... applied for the entire tax year 2008 ($1,250,000). 2 The Chapter 123 average ratio for the municipality for tax ... the full omitted added assessment for tax year 2007 is $2,058,969. The implied equalized value of the two-month ... of the omitted added assessment for tax year 2008 is $2,314,815. Prior to December 1, 2008, Seaboard filed an ... tax year, the subject property was assessed as follows: Land $2,113,100 Improvements $1,250,000 Total $3,363,100 ... Added Improvements (12 mos.): $413,272 Number of Months Prorated: 2 Prorated Assessments: $ 68,879 The statutory formula in N.J ... affirmed the assessment with no subsequent Tax Court appeal; and (2) that Freeze Act relief is not authorized for tax ...

docket:	00091-09
court:	NJ Tax Court
decided:	0000-00-00
status:	Unpublished
citation:
Document Size:	61666

4119 IN THE MATTER OF A.D. POLICE OFFICER S9999M -- rank: 280

... Civil Service Commission, Docket No. 2013-1213. Fusco & Macaluso Partners, L.L.C., attorneys for appellant A.D. (Amie E. DiCola, on ... position with the Union County Department of Corrections (Union County). 2 Upon learning this information, Kanen recalled the previous interview and ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... they are supported by "sufficient credible evidence." In re Taylor , 158 N.J. 644 , 656 (1999) (quoting Close v. Kordulak Bros ... and fitness." N.J. Const. art. VII, § 1, ¶ 2. The Commission has broad authority to adopt rules and ...

docket:	a4246-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-24
status:	unpublished
citation:
Document Size:	24682

4120 1MARION JACOBS v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 280

... 1(a). We affirm. I. The First Violation On November 2, 2010, Senior Corrections Officer (SCO) Elly 2 ordered Jacobs to transfer from housing unit 7up to unit ... decision of an administrative agency is limited. In re Taylor , 158 N.J. 644, 656 (1999); Brady v. Bd. of Review ... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We will not upset the determination of ... Id. at 525. N.J.A.C. 10A:4-9.2 addresses the notice inmates are entitled to: The disciplinary ...

docket:	a2332-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-26
status:	unpublished
citation:
Document Size:	21225

4121 NIA H. GILL v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE -- rank: 280

... the declaration in N.J.S.A. 17:29A-46.2(b) that "underwriting rules" filed by insurers with the Department ... declarations. The first, N.J.S.A. 17:29A-46.2(b), requires that insurers file with the Department "underwriting rules ... public pursuant to N.J.S.A. 17:29A-46.2(b), and, also, that they were not discoverable pursuant to ... recommendations. Our scope of review is narrow. In re Taylor , 158 N.J. 644 , 656 (1999); Paff v. N.J. Dep ... dismissed , 459 U.S. 962 , 103 S. Ct. 286 , 74 L. Ed.2d 272 (1982). Application of these principles compels our ...

docket:	a1801-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-14
status:	unpublished
citation:
Document Size:	15063

4122 STATE OF NEW JERSEY v. ANTHONY A. WARREN -- rank: 280

... on charges of burglary, N.J.S.A. 2C:18-2, and theft, N.J.S.A. 2C:20-3a, defendant ... denied , 519 U.S. 1021 , 117 S. Ct. 540 , 136 L. Ed.2d 424 (1996), regarding the disparity in sentence between defendant ... to look for it. Defendant and his co-defendant, James L. Alexander, were arrested a short time later as they pulled ... errors unless "clearly capable of producing an unjust result." R. 2:10-2; State v. Daniels , 182 N.J. 80 , 95 (2004); ...

docket:	a1142-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-18
status:	unpublished
citation:
Document Size:	43561

4123 STATE OF NEW JERSEY v. ANGEL VASQUEZ-MERINO -- rank: 280

... was an adult on the relevant dates. A-2269-21 2 supermarket where he told S.B. that 'she shouldn't ... 13-6(a) (S.B. on July 1) (count one); (2) third-degree endangering the welfare of a child by engaging ... S.B. or V.O. for the three luring counts; (2) knowing engagement in sexual conduct with a child for the ... prosecutor's office that investigated sexual assault and child abuse; (2) answered 'yes' to leading questions for almost all of her ... State presented this case,' the indictment was dismissed with prejudice. 2 A February 18, 2022 order memorializes the court's decision ... offense, unless on the presentment or indictment of a grand 2 The court also took issue with the State's ' ...

docket:	a2269-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-04
status:	Unpublished
citation:
Document Size:	44504

4124 ARLENE LOU VELEZ v. BOARD OF REVIEW DEPARTMENT OF LABOR, and SIEMENS BUILDING TECHNOLOGIES, INC -- rank: 280

... Technologies, Inc. has not filed a brief. PER CURIAM Arlene L. Velez (Velez) appeals from the September 30, 2009 decision by ... claim for unemployment benefits. Her claim was denied on March 2. She timely appealed the denial, and she and Siemens participated ... evidence, or that it violated legislative policies. In re Taylor , 158 N.J. 644 , 656 (1999); Brady , supra , 152 N.J ... denied , 449 U.S. 983, 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). In the present case, the record fully ...

docket:	a1815-09
court:	superior court appellate division
decided:	2011-01-12
status:	Unpublished
citation:
Document Size:	14723

4125 DONNA SLAWINSKI v. MARY E. NICHOLAS -- rank: 280

... apparently exercises sole legal and residential custody of her daughter, L.K. (Lilly). 1 The grandparent visitation order was entered on ... allegedly, his "visitation was suspended pursuant to prior court order." 2 Defendant stated she was concerned that the grandparent visitation was ... deference to the trial judge's legal determinations. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... factual issues that complicate judicial resolution. See Konzelman v. Konzelman , 158 N.J. 185 , 193 (1999) ("New Jersey has long espoused ... cert. denied , 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004). Yet, that autonomy gives way ...

docket:	a0710-15
court:	NJ Superior Court Appellate Division
decided:	2016-12-06
status:	published
citation:	448 N.J.Super. 25 150 A.3d 409
Document Size:	30003