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931 STATE OF NEW JERSEY v. EARL McCRAY -- rank: 438

... 02-04-0621 with second-degree aggravated assault, N.J.S.A. 2C:12-3a and/or -3b (count two); fourth ... circumstances not manifestly appropriate for its lawful use, N.J.S.A. 2C:39-5d (count three); and third-degree possession ... a weapon, a knife, for an unlawful purpose, N.J.S.A. 2C:39-4d (count four). Tried to a jury ... threats charge in count two was dismissed at the State's request, and defendant was convicted of the aggravated assault and ... the sentencing hearing conducted on October 22, 2004, the State's motion for imposition of an extended term was granted based on defendant's record of multiple indictable convictions. The judge found the ...

docket:	A1684-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-27
status:	unpublished
citation:
Document Size:	63231

932 JANET LYNN ARNOLD v. GLENN ARNOLD -- rank: 438

... in gross income, consisting of $116,993 in wages; $2,373 in interest; $27,566 in business income; and $78,516 ... comprehensive PSA, both represented by counsel. The agreement set husband's child support obligation for Glenn, who was almost sixteen-years ... calculation which would be in effect based on the Husband's base income of $115,000 and that based on his ... week before the first day of September following Glenn, Jr.[s'] graduation from high school no matter what change in circumstances ... evaluation before the first day of September, following Glenn, Jr's graduation from high school no matter what change in circumstance ... They additionally "agreed upon a compromise value for the Husband's business interests taking into account the input provided by ...

docket:	a5291-04
court:	njappellate
decided:	2007-02-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	50511

933 STATE OF NEW JERSEY IN THE INTEREST OF T.C. -- rank: 438

... that defendant was charged with first-degree murder, N.J.S.A. 2C:11- 3(a)(1), and first-degree felony murder, N.J.S.A. 2C:11-3(a)(3). Defendant, now age forty ... one, sought to dismiss the complaint based on the State's unreasonable prosecutorial delay. The motion judge rejected defendant's arguments for the reasons placed on the record on April ... defendant. Defendant moved to dismiss the charges, asserting the State's twenty-three year delay in prosecuting violated his right to ... no additional evidence or renewed investigation prior to the State's filing of the charges. According to defendant, the significant ...

docket:	a3585-19
court:	NJ Superior Court Appellate Division
decided:	2020-09-21
status:	Unpublished
citation:
Document Size:	17527

934 TOWNSHIP OF PISCATAWAY v. SOUTH WASHINGTON AVENUE, L.L.C. -- rank: 438

... Township of Piscataway under the Eminent Domain Act, N.J.S.A. 20:3-1 to -50, in December 1999. The ... to Rule 4:42-2 before it had resolved Piscataway's claim that a share of the proceeds should be reserved ... date of the complaint. Although we agree that N.J.S.A. 30:3-31 requires interest as of the date ... denial of interest for that period. Piscataway claims the court's award of compound interest at the prime rate is excessive ... was reduced to a dollar amount before resolution of Piscataway's demand for a Suydam escrow trust, we reverse and remand ... following jury trial that was filed prior to the court's consideration of interest); Twp. of Piscataway v. South Washington ...

docket:	a0356-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-23
status:	unpublished
citation:
Document Size:	38154

935 WILLIAM M. WEISGARBER, SR. v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF CODES AND STANDARDS -- rank: 438

... Community Affairs (DCA or the Department) and several of DCA's employees: William Connolly (Director of Codes and Standards), Richard Osworth ... Code Services) and Chrystene Wyluda (Supervisor of Enforcement for DCA's Asbestos Hazard Abatement Program). The complaint alleged tortious interference of ... who drafted a 1998 settlement agreement between DCA and Weisgarber's employer, and to depose a second deputy attorney general concerning ... that DCA would waive any suspension or revocation of CCE's authorization as an ASCM based on the then-present violations ... Richard Beach [the shareholders of VTI] certify that William Weisgarber's duties as an employee are outside the scope of the Bureau's jurisdiction. They further agree that William Weisgarber's authority ...

docket:	a0286-07
court:	NJ Superior Court Appellate Division
decided:	2009-10-02
status:	unpublished
citation:
Document Size:	68873

936 STATE OF NEW JERSEY v. JOSEPH HYMAN -- rank: 435

... jury in 1994, defendant was convicted of murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one ... with possession of a weapon for unlawful purpose, N.J.S.A. 2C:39-4(a) (count three). Defendant was also convicted of unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count two). On March 31 ... 1994, defendant filed a notice of appeal. We affirmed defendant's conviction and sentence. State v. Hyman , No. 5160-93 (App ... 19, 1995). Seven months later, the Supreme Court denied defendant's petition for certification. State v. Hyman , 143 N.J. 325 ... States Court of Appeals for the Third Circuit denied defendant's request for a certificate three months later due to ...

docket:	a4785-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-27
status:	unpublished
citation:
Document Size:	16073

937 STATE OF NEW JERSEY v. MICHAEL FITTON -- rank: 435

... following a jury trial, for second-degree burglary, N.J.S.A. 2C:18-2 (count one); the petty disorderly offense of harassment, N.J.S.A. 2C:33-4, as a lesser included offense of ... an unlawful purpose, 1 Paragraph 10. Point V The Court's Jury Instructions Regarding Second Degree Burglary Were Inadequate and Therefore ... Must Be Reversed (Not Raised Below). Point VI The Court's Failure to Instruct the Jury Regarding Criminal Trespass as a ... Constituted Plain Error (Not Raised Below). Point VII The Defendant's Conviction Under Count Five of A Lesser Included Offense of ... be Vacated. Point VIII The Court Erred in Denying Defendant's Motion For A Hearing on the Enforceability of the ...

docket:	a4732-06
court:	njappellate
decided:	2008-06-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	37469

938 STATE OF NEW JERSEY v. KENNETH PERKINS -- rank: 435

... 534, 548-49 (2004), namely: [W]hether, viewing the State's evidence in its entirety, be that evidence direct or circumstantial ... 36 N.J. 80 , 90-91 (1961), cert. denied, 368 U.S. 967 , 82 S. Ct. 439, L. Ed.2d 396 (1962)).] We apply the ... same standard to our review of the denial of defendant's motion for j.n.o.v. or for a new ... with the prospective purchaser, "shave" some cocaine into the person's hand, and accept currency. The third customer was apprehended ...

docket:	a0162-08
court:	superior court appellate division
decided:	2010-02-18
status:	Unpublished
citation:
Document Size:	31737

939 STATE OF NEW JERSEY v. CRAIG O\'REILLY -- rank: 435

... convicted by a jury of second-degree robbery, N.J.S.A. 2C:15-1. On August 9, 2004, defendant was ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a direct appeal ... v. Natale , 184 N.J. 458 (2005). We affirmed defendant's conviction and rejected his ineffective assistance of counsel claim, but ... sentenced to the same term. The Supreme Court denied defendant's petition for certification. State v. O'Reilly , 186 N.J ... into her pocket. Defendant was not successful in stealing Darden's money, however, and dropped a magnetic swipe access card as ... of PCR counsel, defendant asserted as ineffective his trial counsel's cross-examination of the State's witnesses and failure ...

docket:	a5705-07
court:	superior court appellate division
decided:	2010-12-29
status:	Unpublished
citation:
Document Size:	20847

940 STATE OF NEW JERSEY v. ROSE WOLF -- rank: 435

... for an appellate court to defer to a lower court's credibility determinations "is more compelling where, as in the present ... her vehicle. Direct evidence, however, was not required. The State's case rested, in large measure, on circumstantial evidence. That, however ... Mayberry , 52 N.J. 413 , 437 (1968), cert. denied , 393 U.S. 1043 , 89 S. Ct. 673 , 21 L. Ed.2d 593 (1969) (quoting State ... N.J. 80 , 88 n.1 (1961), cert. denied , 368 U.S. 967 , 82 S. Ct. 439 , 7 L. Ed. ...

docket:	a5086-05
court:	njappellate
decided:	2007-07-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	25735

941 STATE OF NEW JERSEY IN THE INTEREST OF J.S -- rank: 432

... 08T2 STATE OF NEW JERSEY IN THE INTEREST OF J.S. ____________________________ December 8, 2010 Submitted November 17, 2010 - Decided Before Judges ... 09. Yvonne Smith Segars, Public Defender, attorney for appellant J.S. (Janine M. Cerra, Designated Counsel, of counsel and on the ... of counsel and on the brief). PER CURIAM Defendant J.S., a juvenile, appeals from an adjudication of an act of ... third-degree aggravated assault if bodily injury results, N.J.S.A. 2C:12-1b(5)(d). After trial, the trial ... judge imposed a one-year probationary term conditioned on J.S.'s attendance at and completion of an anger management program. ...

docket:	a4783-08
court:	NJ Superior Court Appellate Division
decided:	2010-12-08
status:	unpublished
citation:
Document Size:	15200

942 STATE OF NEW JERSEY v. THOMAS STEPHEN PENDLETON -- rank: 432

... of counsel and on the brief). PER CURIAM Defendant Thomas S. Pendleton was convicted in 1993 of various crimes committed against a minor, M.R. We affirmed defendant's conviction and sentence in an unpublished opinion. State v. Pendelton ... of the points defendant raised on appeal was the State's alleged failure to turn over " Brady " 1 material. Id. at ... defendant. Defendant argued that the information relating to M.R.'s psychological condition and treatment impeached M.R.'s credibility regarding the events at the heart of the crimes. Id. at 22-25. We rejected defendant's claim, concluding that "the defense really knew as much ...

docket:	a3198-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	22215

943 JACQUELINE R. HERSCH v. NATHAN J. HERSCH -- rank: 432

... Jacqueline R. Hersch $10,000 in counsel fees for defendant's unreasonable and bad faith behavior in resisting payment, and denying ... a base salary of $90,000. In the event Husband's base compensation exceeds $275,000 or Wife's base compensation exceeds one hundred forty thousand dollars ($140,000 ... stock warrants when received as cash income and (b) Wife's total compensation bonus, incentive award or other form of compensation ... to Wife, all calculations as to the amount of Husband's income will be made on the basis of what he ... having been terminated from his position," and that Ms. Hersch's view that the severance was compensation represented a dispute ...

docket:	a2339-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-28
status:	unpublished
citation:
Document Size:	38320

944 State v.Edmond Williams -- rank: 432

... investigation in Atlantic City by the Cape May County Prosecutor’s Office, Investigator D.W. Fashaw purchased twenty dollars worth of ... drug possession and distribution of cocaine in connection with Fashaw’s purchase. Defendant moved to dismiss the second indictment claiming that ... been joined with the first.     The trial court denied defendant’s motion to dismiss, concluding that defendant failed to satisfy the ... for the initial drug sale.     The Supreme Court granted defendant’s petition for certification. HELD: Defendant has satisfied all of the ... are substantially like those presented here and support viewing defendant’s second indictment as part of the same criminal episode that ... is part of a larger scheme. Under that approach, defendant’s offenses were close in time and location and were ...

docket:	a-20-01
court:	njsupreme
decided:	2002-06-19
status:
citation:	172 N.J. 361
Document Size:	34960

945 STATE OF NEW JERSEY v. ANSUMANA KAIKAI -- rank: 432

... car. He was convicted of third degree eluding, N.J.S.A. 2C:29-2b, but acquitted of aggravated assault. He ... his wife lived in a large apartment complex. The wife's friend Suzanne lived in a nearby building in the apartment ... next day, January 30, 2007, the wife went to Suzanne's apartment at ten a.m. At approximately 11:30 a.m., the defendant went to Suzanne's apartment. The couple struggled over the wife's handbag. Her clothes were torn in the scuffle, and she ... a cut on her finger. However, she broke the defendant's glasses in the altercation. After the struggle, defendant left ...

docket:	a6277-07
court:	superior court appellate division
decided:	2010-06-10
status:	Unpublished
citation:
Document Size:	45010