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136 STATE OF NEW JERSEY v. TIMOTHY ADKINS -- rank: 641

... unusual circumstances of this case, we reverse on the State's appeal. We affirm on defendant's appeal. 1 I The suppression issue is novel and arises ... two minutes after the blood was drawn. See N.J.S.A. 2A:62A-11. 4 At the time of the ... intoxicated. 5 That principle, derived from Schmerber v. California , 384 U.S. 757, 86 S. Ct. 1826 , 16 L. Ed.2d 908 (1966), was ...

docket:	a5748-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-20
status:	published
citation:	433 N.J.Super. 479 81 A.3d 680
Document Size:	57380

137 STATE OF NEW JERSEY v. NELSON DE LA PAZ, JR. -- rank: 641

... Deputy Public Defender, of counsel and on the brief).     Ronald S. Fava, Passaic County Prosecutor, attorney for respondent (Marc A. Festa ... to suppress evidence seized in the warrantless search of another's home, defendant Nelson De La Paz, Jr. was tried by ... possession of more than 50 grams of marijuana, N.J.S.A. 2C:35-7, and possession of paraphernalia with intent to distribute, N.J.S.A. 2C:36-3. After appropriate mergers, defendant was sentenced ... and federal constitutional grounds. We reverse, and conclude that defendant's motion should have been granted, as defendant had standing to ... 5, 1998, Paterson Police Sergeant William D. Mott, the State's sole witness at the hearing, was summoned by Lieutenant ...

docket:	A0354-99
court:	NJ Superior Court Appellate Division
decided:	2001-02-16
status:	published
citation:	337 N.J. Super. 181
Document Size:	50325

138 STATE OF NEW JERSEY v. J.M., JR -- rank: 639

... and now reverse – an order which authorized the State's use at trial of "other-crimes" evidence regarding similar accusations ... with one count of second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and one count of fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b). The State alleges that defendant, a massage therapist, digitally penetrated a female customer, E.S., at a Washington Township spa on July 5, 2012. In ... an oral decision, during which he concluded that A.W.'s testimony would be admissible as proof of defendant's "motive, intent, plan and absence of mistake" in the ...

docket:	a2562-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-21
status:	published
citation:	438 N.J.Super. 215 102 A.3d 1233
Document Size:	74856

139 STATE OF NEW JERSEY V. CYNTHIA CUPE -- rank: 639

... had become final prior to the date the Supreme Court's decision was rendered. We hold that defendant and others similarly ... The Law Division summarily dismissed the petition on the prosecutor's motion. We reversed on the ground that defendant was denied ... proceeding agreed that the instruction given at trial violated Coyle's prohibition against sequential charges. The court noted, however, that Coyle ... of direct review on September 6, 1989. The Supreme Court's decision in Coyle was rendered on June 11, 1990. The question of Coyle 's retroactive application is thus squarely presented. II.     Before addressing that issue, we quickly reject the State's three-pronged argument that defendant's petition was procedurally ...

docket:	a4481-94
court:	njappellate
decided:	1996-03-15
status:	published
citation:	289 N.J.Super. 1
Document Size:	32122

140 STATE OF NEW JERSEY v. THOR T. FREY -- rank: 639

... improperly withheld the production of Brady1 material. Unpersuaded by defendant's arguments, we affirm. I. In 2006, a grand jury indicted defendant for first-degree felony murder, N.J.S.A. 2C:11-3(a)(3); second-degree robbery, N.J.S.A. 2C:15-1(a)(1); third- degree burglary, N.J.S.A. 2C:18-2; and fourth-degree criminal mischief, N.J.S.A. 2C:17-3(a)(1). A jury convicted defendant ... jury on lesser-included offenses. State 1 Brady v. Maryland, 373 U.S. 83 (1963). In Brady, the United States ...

docket:	a4294-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-18
status:	Unpublished
citation:
Document Size:	70923

141 STATE OF NEW JERSEY v. MARK A. BROWN -- rank: 639

... possession of fifty grams or more of marijuana, N.J.S.A. 2C:35-10(a)(3) (count one); third-degree ... one ounce of marijuana with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(11) (count two); third-degree possession of phencyclidine (PCP), N.J.S.A. 2C:35-10(a)(1) (count three); first-degree ... ten grams of PCP with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(6) (count four); and ...

docket:	a2806-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-18
status:	unpublished
citation:
Document Size:	53014

142 STATE OF NEW JERSEY v. D.A.B. -- rank: 639

... the brief). PER CURIAM The State appeals the trial court's February 8, 2023 order dismissing this prosecution with prejudice. The ... sanction for what the trial court determined was the State's 'purposeful' misleading conduct in withholding from defense counsel that the ... his trial. For reasons that follow, we affirm the court's ruling. The record amply supports the court's determination that the State misled defense counsel about the victim's willingness to testify. Additionally, the trial court did not abuse ... discretion in ordering dismissal as a sanction for the State's purposeful violation of Brady v. Maryland, 373 U.S. ...

docket:	a1848-22
court:	NJ Superior Court Appellate Division
decided:	2023-09-19
status:	Unpublished
citation:
Document Size:	30927

143 Statev. Crisoforo Montalvo -- rank: 639

... 24, 2012, Daleckis grew agitated by noise emanating from Montalvo’s unit; he stood on his bed and knocked on the ... four times. Montalvo then proceeded downstairs and knocked on Daleckis’s door. Montalvo picked up a small table belonging to Daleckis ... complaint-warrant specified that Montalvo was charged with breaking Daleckis’s furniture. In June 2012, a grand jury indicted Montalvo for ... degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(d) (Count Two). Montalvo was tried ... primarily relied upon the Model Jury Charge for N.J.S.A. 2C:39-5(d). The judge did not add ... for both sides discussed the appropriate response to the jury’s inquiry on the record. During this colloquy, the trial ...

docket:	A-76-15
court:	NJ Supreme Court
decided:	2005-04-18
status:
citation:	229 N.J. 300 162 A.3d 270
Document Size:	89425

144 State of New Jersey v. A.O. -- rank: 639

... This appeal addresses the admissibility of the results of defendant's polygraph exam based on a stipulation entered without counsel. It also addresses defendant's claim that under State v. Guenther , 181 N.J. 129 ... I. asked defendant to come to the Union County Prosecutor's Office. On arrival, defendant found three officers waiting to speak ... expert; waived any objection to the admissibility of the expert's testimony; and waived the right to call another expert or ... strict parenting style. In an effort to attack C.I.'s credibility, defense counsel sought to make use of a DYFS ... DYFS records in camera , the court found that C.I.'s allegations against the DYFS worker had been substantiated. As ...

docket:	a-107-07
court:
decided:	2009-03-04
status:
citation:	198 N.J. 69 965 A.2d 152
Document Size:	124345

145 State of New Jersey v. Askia Nash -- rank: 639

... and October 2000, placed his finger inside J.B.’s butt, and on one occasion directed J.B. to touch Nash’s penis. J.B. told his mother in October 2000 about ... because there were no witnesses to any sexual contact. Nash’s defense to the charges consisted primarily of his claim that ... opportunity for Nash to commit the crimes. To rebut Nash’s defense, the prosecutor called the principal of the school as ... asked about other categories of aides. In his summation, Nash’s attorney accepted the principal’s testimony and conceded that Nash had erred in asserting ...

docket:	a-36-11
court:	NJ Supreme Court
decided:	2013-01-22
status:
citation:	212 N.J. 518 58 A.3d 705
Document Size:	113255

146 STATE OF NEW JERSEY v. TURI REDDICK -- rank: 639

... 0632. Steven E. Braun argued the cause for appellant. Milton S. Leibowitz, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the ... respondent (Lyndsay V. Ruotolo, Acting Union County Prosecutor, attorney; Milton S. Leibowitz, of counsel and on the brief). PER CURIAM Defendant ... violation. We affirm. I. Having outlined the facts underlying defendant's conviction in our prior opinion affirming the conviction on direct ... to hold the shotgun and scare 1 Brady v. Maryland, 373 U.S. 83 (1963). 2 Miranda v. Arizona, 384 U.S. ...

docket:	a3843-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-20
status:	Unpublished
citation:
Document Size:	35381

147 STATE OF NEW JERSEY VS URIEL ZAPATA -- rank: 639

... crime of the second degree, in violation of N.J.S.A. 2C:35-7 (Second Count), and possession of cocaine ... the third degree, in violation of See footnote 1 Defendant's motion for a judgment of acquittal was denied. The trial court merged defendant's convictions for possession of cocaine with intent to distribute within ... a $30 Violent Crimes Compensation Board penalty and suspended defendant's driver's license in New Jersey for two years. Defendant appeals. I.     Following defendant's indictment, he and co-defendants Hernandez and Rodriguez moved ...

docket:	a1158-94
court:	njappellate
decided:	1997-02-04
status:	published
citation:	297 N.J.Super. 160
Document Size:	50280

148 STATE OF NEW JERSEY v. AQUIL MALIK -- rank: 636

... by jury of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(7) (count two) for which ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2; convictions for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(5) (count one) and second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (count four) were merged ... into count two.1 Defendant argues: POINT I THE STATE'S TREATMENT OF DEFENDANT WITH RESPECT TO HIS PLEA OFFER WAS ARBITRARY AND ABUSIVE. POINT II THE TRIAL PROSECUTOR'S REMARKS IN OPENING AND ON SUMMATION WERE IMPROPER. POINT ...

docket:	a2683-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-10
status:	Unpublished
citation:
Document Size:	70493

149 STATE OF NEW JERSEY VS ANDREW LAZARCHICK -- rank: 636

... of New Jersey,     Law Division, Criminal Part, Union County.     Richard S. Lehrich argued the cause for appellant.     Richard P. Rodbart, Deputy ... Lazarchick, appeals from convictions for disorderly persons assault, N.J.S.A. 2C:12-1a, and petty disorderly persons harassment, N.J.S.A. 2C:33-4a, after a trial de novo on ... Division, R. 3:23-8; and from the Law Division's declination to review an order entered pursuant to N.J.S.A. 2C:51-2a requiring forfeiture of defendant's employment as a police officer. Defendant had previously been ...

docket:	a3082-96
court:	njappellate
decided:	1998-09-03
status:	published
citation:	314 N.J.Super. 500
Document Size:	90309

150 State of New Jersey v. Ahmad Daniels a/k/a/ Ahmad Daniel -- rank: 636

... alongside a slowly moving SUV. When he was within arm’s reach, the jogger grabbed Lenez’s purse and, after a brief struggle, retreated to the passenger ... the SUV because she did not clearly see the driver’s face. One witness did identify Daniels as the driver of ... instructed the jury on the case law and the juror’s role in assessing credibility. The jury convicted Daniels of robbery ... The Appellate Division affirmed on appeal, finding that the prosecutor’s comments did not meet the standard for reversible error because ... a witness. The Supreme Court granted certification. HELD: The prosecutor’s comments on summation were unfairly prejudicial to Daniels. Failure ...

docket:	a-62-03
court:	njsupreme
decided:	2004-12-14
status:
citation:	182 N.J. 80
Document Size:	66097