Search Rutgers Law Library N.J. Court Opinions

1561 STATE OF NEW JERSEY v. JOSE RIVERA -- rank: 514

... and purposeful murder of his wife, Amalia Rojas, N.J.S.A. 2C:11-3(a)(1),(2) and third-degree hindering apprehension, N.J.S.A. 2C:29-3. On November 21, 2002, the trial ... with an extensive discussion of the facts related to defendant's confession. We see no need to repeat these facts and ... investigation, including the execution of a search warrant at defendant's home, revealed evidence that corroborated defendant's confession. The motion to suppress consumed five days. Defendant did ... OFFENSES OF AGGRAVATED AND RECKLESS MANSLAUGHTER. POINT II THE PROSECUTOR'S MISSTATEMENT IN HIS SUMMATION OF THE LAW ON PASSION/ ...

docket:	a3595-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-24
status:	unpublished
citation:
Document Size:	28386

1562 /usr/local/share/www/libweb/collections/courts/appellate/a0729-19.opn.html -- rank: 514

... indicted on three counts of first-degree robbery, N.J.S.A. 2C:15-1 (counts one, two, and three); second ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); second- degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count five); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b) (count six). In 2012, a ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on count two; merged count ... facts, which we recounted in two prior appeals addressing defendant's challenges to his convictions and sentence. State v. Marcelo, ...

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1563 STATE OF NEW JERSEY VS. AKMAL A. ALVARANGA -- rank: 514

... a video game console in anticipation of his younger brother's birthday. He answered a Facebook Marketplace ad offering a PlayStation ... with defendant, while co-offender Rufus Thompson used Diaz-Delgado's ATM card to withdraw another $740. Defendant stayed with Diaz ... times from behind. Later, Thompson and defendant moved Diaz-Delgado's car to a nearby alleyway. The body and the car ... phones, which were later forensically analyzed. Information gleaned from Thompson's phones, in combination with other results of the ongoing investigation ... by Detectives Castaldo and Diaz of the Mercer County Prosecutor's Office, who presented him with the Uniform Complaint Arrest Warrant ... and Thompson were charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2); first-degree ...

docket:	a0365-22
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	30831

1564 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.R. -- rank: 514

... Defendant-Respondent. ___________________________________ IN THE MATTER OF THE GUARDIANSHIP OF C.S., Jr., a minor. ___________________________________ Argued January 22, 2009 - Decided Before Judges ... Assistant Deputy Public Defender, argued the cause for minor C.S., Jr. (Yvonne Smith Segars, Public Defender, Law Guardian, attorney; Mr ... terminates the parental rights of fathers M.M. and C.S. to their respective children, but denies the termination of parental ... R. is the mother of four minor children, including C.S., Jr. ("Junior") who was born June 28, 2006. His sister ... to nine years older. A.R. is married to C.S., the father of Junior and Gwen. There is no contest ... judgment terminating the parental rights of the fathers, including C.S. While the Family Part declined to terminate A.R.' ...

docket:	a5079-07
court:	njappellate
decided:	2009-03-04
status:	published
citation:	405 N.J. Super. 418
Document Size:	47083

1565 STATE OF NEW JERSEY v. ANTON L BERNABELA -- rank: 514

... L. Bernabela appeals from his conviction for carjacking, N.J.S.A. 2C:15-2, following a jury trial, and the ... forth in the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant presents these arguments for our consideration: Point I THE STATE'S PROOFS WERE INSUFFICIENT TO ESTABLISH [THE] COMMISSION OF A CARJACKING ... the facts taken from the trial court record. On June 14, 2007, at approximately 5:30 a.m. Patrick Williams, a ... Donuts" on Terrill Road was given. Williams recognized the caller's voice as matching that of the previous caller. Williams returned ... flat tire. Approaching the taxicab, defendant immediately opened the driver’s door, grabbed Williams’ leg, and attempted to pull him ...

docket:	a2737-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-16
status:	unpublished
citation:
Document Size:	32922

1566 STATE OF NEW JERSEY v. RONALD JONES -- rank: 514

... admitted evidence of the out-of-court identification made by S.J., contending that the photo array was impermissibly suggestive and ... our review of the record, we agree with Judge Farrell's conclusion that, after conducting a Wade hearing, the trial judge ... photo array was not impermissibly suggestive, and the reliability of S.J.'s identification was established by the long duration of time she ... certainty in making the identification. See Manson v. Brathwaite , 432 U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. ...

docket:	A0730-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-22
status:	unpublished
citation:
Document Size:	36501

1567 EXTECH BUILDING MATERIALS, INC. VS. E\u0026N CONSTRUCTION INC., ET AL. -- rank: 514

... November 4, 2022 orders: granting Ferreira summary judgment on Extech's claims and Roney dismissal of Extech's complaint based on the court's determination the purported personal A-0191-23 2 guarantees did ... separately execute personal guarantees binding themselves personally; and denying Extech's motion for summary judgment against E&N and Ferreira. 1 ... The document also included boxes checked to show E&N's preferred mode of 'receiv[ing] invoices and statements.' 1 Extech ... for summary judgment against Roney. We therefore affirm the court's order denying Extech's motion for summary judgment against ...

docket:	a0191-23
court:	appellate
decided:	2024-07-02
status:	Unpublished
citation:
Document Size:	30903

1568 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.C and C.H -- rank: 514

... counsel; Louis W. Skinner, Designated counsel, on the briefs). Gurbir S. Grewal, Attorney General, attorney for respondent (Melissa H. Raksa, Assistant ... As A Viable Alternative To Termination. POINT IV THE COURT'S CONCLUSION THAT TERMINATION OF PARENTAL RIGHTS WILL NOT DO MORE ... custody, and control of their children. Santosky v. Kramer, 455 U.S. 745, 753 (1982); see In re Guardianship of K.H ... 103 N.J. 591, 599 (1986). At times, a parent's interest must yield to the State's obligation to protect children from harm. N.J. Div. ...

docket:	a3365-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-22
status:	Unpublished
citation:
Document Size:	32192

1569 Rumson Estates, Inc. v. Mayor & Council of the Borough of Fair Haven et al. -- rank: 511

... definitions in the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to –136; and 2) whether zoning ... The Fair Haven Planning Board (Planning Board) denied Rumson Estate’s application for a subdivision and variance to exceed the cap ... The trial court denied the motion, concluding that Fair Haven’s purpose in enacting the cap, which was to diversify the town’s residential housing stock by allowing for smaller, more affordable construction ... did not defeat the presumption in favor of the cap’s validity.     On appeal, a majority of the Appellate Division affirmed, observing that Fair Haven’s purposes in enacting the ordinance were legitimate goals of ...

docket:	a-159-01
court:	njsupreme
decided:	2003-08-05
status:
citation:	177 N.J. 338
Document Size:	75703

1570 STATE OF NEW JERSEY v. MICHAEL R. FANELLE, SR. -- rank: 511

... Respondent, v. MICHAEL R. FANELLE, SR., Defendant-Appellant. ________________________________ Submitted December 14, 2005 - Decided Before Judges Wefing, Fuentes and Graves. On appeal ... a crime of the third degree, 179 N.J. 377, 388-89 (2004) (internal quotations and citations omitted).] We note initially that the record does not indicate whether defendant's identification of the concerned citizen who spoke with Officer Wenger ... executing a search warrant. Nor are we persuaded by defendant's reference to the age of his conviction for aggravated assault ... Although there is a gap of some years between defendant's 1982 arrest for aggravated assault upon a police officer and ... he spent any time in custody as a result. Defendant's arrest for that offense occurred in the latter part ...

docket:	A3885-04
court:	NJ Superior Court Appellate Division
decided:	2006-05-22
status:	published
citation:
Document Size:	51536

1571 MAXX-ROXX, LLC v. THE PLANNING BOARD OF THE CITY OF MARGATE -- rank: 511

... and RON ABEL, Defendants/Intervenors- Respondents/Cross-Appellants. ______________________________ Argued October 14, 2020 – Decided November 30, 2020 Before Judges Fisher, Gilson ... briefs). Elias T. Manos argued the cause for respondent. Robert S. Baranowski, Jr. argued the cause for intervenors-respondents/cross-appellants (Hyland Levin Shapiro LLP, attorneys; Robert S. Baranowski, Jr. and Megan Knowlton Balne, on the briefs). PER ... review expressly disposes of the first two counts of plaintiff's three-count complaint and declares itself to be a 'final ... 0572-19T1 2 in the order that upheld the Board's determination that plaintiff's application was not barred under principles of res judicata. ...

docket:	a0572-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-30
status:	Unpublished
citation:
Document Size:	41286

1572 PHYLLIS RABINOWITZ v. LYNN D. REYMAN, M.D. -- rank: 511

... D., an emergency room physician, Emergency Medical Associates (EMA), Reyman's employer, and St. Barnabas Medical Center, the hospital where the ... Barnabas for violation of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -116; and against St. Barnabas ... Additionally, the complaint asserted a medical malpractice claim against Rebecca's pediatrician, Constantino Kinteroglou, M.D. Both compensatory and punitive damages ... distress, holding that it was barred by the Supreme Court's decision in Frame v. Kothari , 115 N.J. 638 (1988 ... and EMA separately moved for interlocutory appeal of the judge's fraud and negligent staffing decisions, and we granted their motions ... 18, 2006. On July 19, 2006, after consulting with Rebecca's pediatrician, her parents took the child to the pediatric ...

docket:	a0408-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-07-23
status:	unpublished
citation:
Document Size:	55620

1573 STATE OF NEW JERSEY v. RAYMOND JENKINS -- rank: 511

... third-degree distribution of heroin in violation of N.J.S.A. 2C:35-7.1 (count three). At sentencing on ... penalties, and assessments. Defendant appeals and we affirm. The State's proofs were relatively straightforward. In 2006, Detective Kevin O'Brien ... as an undercover officer, "[m]aking undercover buys." O'Brien's role, as a backup officer, was to monitor Connell's activities "[t]o keep him safe." About a week after ... Brien testified he observed defendant "walk to and enter" Connell's undercover vehicle and also saw defendant exit the vehicle. According ... signed until January 2, 2007. O'Brien explained that defendant's arrest was deliberately delayed because it would have compromised ...

docket:	a5024-07
court:	superior court appellate division
decided:	2010-08-03
status:	unpublished
citation:
Document Size:	60031

1574 B.E v. J.L -- rank: 511

... a brief. PER CURIAM Defendant appeals from the trial court's entry of a final restraining order (FRO) against him, finding ... the right to cross-examine witnesses; and 3) ruling plaintiff's mother was a protected third-party. There is substantial credible ... is insufficient evidence in the record to support adding plaintiff's mother as a protected party. Therefore, we vacate the FRO ... nine or ten' unknown numbers after plaintiff had blocked defendant's 1 We use initials and pseudonyms to preserve the confidentiality ... home on the dates the alleged harassment occurred. On Father's Day, June 19, 2022, defendant came to the house in ... a machete behind her back. They saw damage to Lynn's car door. Defendant confirmed he threw a lawn chair ...

docket:	a0481-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-16
status:	Unpublished
citation:
Document Size:	31926

1575 DIVISION OF YOUTH AND FAMILY SERVICES v. Y.Z and S.M IN THE MATTER OF THE GUARDIANSHIP OF D.Z Minor -- rank: 511

... FAMILY SERVICES, Plaintiff-Appellant, v. Y.Z., Defendant-Respondent, and S.M., Defendant. ____________________________ IN THE MATTER OF THE GUARDIANSHIP OF D.Z., Minor ____________________________ June 14, 2012 Argued Telephonically June 4, 2012 - Decided Before Judges Reisner ... Huber, Deputy Attorney General, argued the cause for appellant (Jeffrey S. Chiesa, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General ... 2011, dismissing its guardianship complaint against Y.Z. (mother) and S.M. (father) on the grounds that the Division failed to ... the fourth prong of the best interests test, N.J.S.A. 30:4C-15.1(a), and from a February 27, 2012 order denying the Division's motion to reopen the judgment, R. 4:50-1( ...

docket:	a4638-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-14
status:	unpublished
citation:
Document Size:	47552