Search Rutgers Law Library N.J. Court Opinions

1891 STATE OF NEW JERSEY v. THOMAS REED -- rank: 437

... second-degree robbery, an attempted theft by threat, N.J.S.A. 2C:15-1(a)(1), third-degree possession of drugs, N.J.S.A. 2C:35-10(a)(1), second-degree witness tampering, N.J.S.A. 2C:28-5(d), and the disorderly persons offense of hindering apprehension, N.J.S.A. 2C:29-3(b)(1). On May 12, 2017 ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.1 He received concurrent terms ... in the restaurant who later attempted to steal the victim's wallet when he was walking home with his food. ...

docket:	a5048-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-15
status:	Unpublished
citation:
Document Size:	15738

1892 STATE OF NEW JERSEY v. TAQUAN D. FLOYD -- rank: 437

... Floyd were waived from the Family Part, see N.J.S.A. 2A:4A-26.1, and the grand jury charged ... 25, 2013 (counts four through eight). The judge denied defendant's motion to sever counts one through three, and the jury convicted defendant on all counts. After denying defendant's motion for acquittal notwithstanding the verdict or alternatively for two ... ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant raises the following points ... REASONABLE DOUBT. (NOT RAISED BELOW) POINT II THE TRIAL COURT'S REFUSAL TO GRANT RELIEF FROM THE PREJUDICIAL JOINDER OF THE TWO ROBBERIES VIOLATED DEFENDANT'S CONSTITUTIONAL RIGHTS TO DUE PROCESS AND A FAIR TRIAL. ...

docket:	a1646-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-12
status:	unpublished
citation:
Document Size:	59941

1893 STATE OF NEW JERSEY v. JOSE PEREZ -- rank: 437

... grand jury indicted defendant for first-degree robbery, N.J.S.A. 2C:15-1 (count one); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count two); and second-degree possession of a handgun for unlawful purposes, N.J.S.A. 2C:39-4(a). The matter proceeded to trial following Judge Martin G. Cronin's denial of defendant's Wade 1 motion to suppress the out-of-court and ... photographic identifications of defendant. During trial, the judge granted defendant's motion to bar the State's use of fingerprint ...

docket:	a2708-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-17
status:	unpublished
citation:
Document Size:	11987

1894 ROBIN THOMAS v. STATE OF NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 437

... Assistant Attorney General, of counsel and on the brief; Daniel S. Shehata, Deputy Attorney General, on the brief). PER CURIAM Plaintiff ... Jersey Department of Corrections (DOC) summary judgment and dismissing Thomas's claims alleging violations of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50. I. We view the ... based upon supporting documentation from her physician. At the DOC's request, Thomas attended a medical examination with Shari Diamond, D ... O. Dr. Diamond confirmed that direct cold air affected Thomas's condition and sitting near an operating air conditioning unit was ... the Colpitts Trailer (Colpitts). As a secretarial support employee, Thomas's work required interaction with her co-workers and using ...

docket:	a0731-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-15
status:	Unpublished
citation:
Document Size:	24127

1895 ISRAEL VASQUEZ v. DEPARTMENT OF CORRECTIONS -- rank: 434

... record. On September 13, 2007, while housed at EJSP, Vasquez's cell was searched by Senior Investigator Holtslander and Senior Investigator ... weapon were discovered in hollowed out legal briefs in Vasquez's cell. On September 14, 2007, based upon the above, Vasquez was charged with three ... case. I have been charge free for two years. Vasquez's counsel substitute requested leniency on Vasquez's behalf. The hearing officer relied upon the disciplinary reports, investigation ... He noted that he did not rely solely on Vasquez's guilty plea, but that he also relied on the ...

docket:	a5635-07
court:
decided:	2009-05-19
status:	Unpublished
citation:
Document Size:	28999

1896 THE BANK OF NEW YORK MELLON v. MICHAEL T. BROWN -- rank: 434

... answer to the amended complaint on September 7, 2018. Defendant's answer 'flatly denie[d] the allegations of the complaint and ... challenge to the truth of the allegations leveled in [plaintiff's] complaint.' He also raised seventeen affirmative defenses. Among those affirmative defenses, defendant A-0842-19 3 contested plaintiff's standing and claimed that the Bank did not have evidence of defendant's September 2017 default. Defendant also invoked the doctrine of unclean ... answer. Defendant did not respond to any of the Bank's discovery demands. On January 14, 2019, the Bank filed a motion to strike defendant' ...

docket:	a0842-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-26
status:	Unpublished
citation:
Document Size:	20579

1897 BILLY DEAN MAYFIELD et al. v. COMMUNITY MEDICAL ASSOCIATES, P.A., et al. -- rank: 434

... and application of the affidavit of merit statute, N.J.S.A . 2A:53A-27. It arises in the context of ... of merit timely filed but not served, and an expert's report timely served but not sworn.     Plaintiffs' complaint was filed on April 14, 1999. It alleges that Billy Dean Mayfield was a patient ... was filed July 28, 1999. Plaintiffs' counsel provided an expert's report to defense counsel on September 24, 1999. The report ... Henry D. Berkowitz, M.D., and is addressed to plaintiff's counsel. It states:         At your request I am responding to ... placed on long-term anticoagulation with Coumadin. Apparently Mr. Mayfield's prescription for Coumadin expired and when he called his ...

docket:	a5711-99
court:	njappellate
decided:	2000-11-28
status:	published
citation:	335 N.J.Super. 198
Document Size:	36222

1898 STATE OF NEW JERSEY v. KENNETH JAMES -- rank: 434

... PER CURIAM Defendant Kenneth James appeals from the trial court's order denying his motion to suppress evidence – drugs and ... THAT MARIJUANA, OR ANY CONTRABAND, WOULD BE FOUND IN DEFENDANT'S HOME THE SEARCH OF DEFENDANT'S HOME WAS UNCONSTITUTIONAL, AND THE EVIDENCE SEIZED MUST BE SUPPRESSED. 1 Contrary to defendant's argument, the search warrant connected defendant's sale of marijuana to his home. Accordingly, we affirm. Our ... otherwise unreasonable.' State v. Watts, 223 N.J. 503, 513-14 (2015). Reviewing courts 'accord substantial deference to the discretionary ...

docket:	a0783-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-19
status:	Unpublished
citation:
Document Size:	10714

1899 AVALON BAY COMMUNITIES, INC v. TOWNSHIP OF SOUTH BRUNSWICK ZONING BOARD OF ADJUSTMENT -- rank: 434

... a judgment reversing its resolution denying plaintiff AvalonBay Communities, Inc.'s application for a use variance. We reverse. I Plaintiff is ... submitted an application to the Board pursuant to N.J.S.A. 40:55D-70(d)(1) seeking a variance from ... 1 After two days of hearings, the Board denied plaintiff's application, and subsequently issued a resolution memorializing its findings. We ... the pertinent evidence relevant to the issues on appeal. Plaintiff's real estate expert, Jeffrey Otteau, testified the demand for age ... in 2015, there were 400 fewer students in the township's schools than there had been in 2011. Therefore, according to ... With the exception of the affordable housing units in plaintiff's proposed use, which would comprise twenty-nine of the ...

docket:	a2655-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-02
status:
citation:
Document Size:	31155

1900 STATE OF NEW JERSEY v. ALIMEAN TURAY -- rank: 434

... guilty of second-degree robbery, in violation of N.J.S.A. 2C:15-1. The trial court sentenced defendant as ... mandated by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, we affirmed defendant's conviction in an unreported opinion, but remanded for resentencing in ... 4615-05 (March 6, 2008). The Supreme Court denied defendant's petition for certification. 196 N.J. 344 (2008). On remand ... him. After briefing and oral argument, Judge Kenny denied defendant's petition by an oral opinion delivered on July 30, 2009 ... EVIDENTIARY HEARING, AND ITS RULING SHOULD BE REVERSED. A. Defendant's Counsel's Failure to Move For Either a N. ...

docket:	a2811-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-12
status:	unpublished
citation:
Document Size:	11450

1901 STATE OF NEW JERSEY v. CHRISTIAN DELOACH -- rank: 434

... v. CHRISTIAN DELOACH, Defendant-Appellant. ___________________________________________________________ April 18, 2012 Submitted December 14, 2011 - Decided Before Judges Fuentes, Graves and Koblitz. On appeal ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appealed his conviction and ... In an unpublished opinion, 1 we affirmed all of defendant's convictions except for a single count of carjacking. Because defendant ... the carjacking sentence but imposed the same sentence on defendant's other convictions, resulting in a fifty-year term of imprisonment ... App. Div. June 28, 2007). The Supreme Court denied defendant's petition for certification. State v. Deloach , 192 N.J. 595 ... also presented a certification from his mother. She stated defendant's attorney "was more than just unprepared in dealing with ...

docket:	a0891-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-18
status:	unpublished
citation:
Document Size:	18786

1902 STATE OF NEW JERSEY v. M.D. -- rank: 434

... CURIAM A jury found defendant guilty of lewdness, N.J.S.A. 2C:14-4, a disorderly persons offense (Count One); 1 and third degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (Count Two). After merging Count ... and her fiancé, Angel. 2 Defendant M.DV. is Angel's adult brother, who visited the family often. At that time ... uncle. She worried that the experience might influence R.B.'s sexual orientation. She confided this concern to defendant during a ... defendant was openly homosexual. She told defendant about her son's sexual assault and asked about the consequences. I.G. ...

docket:	a3888-07
court:	superior court appellate division
decided:	2011-02-10
status:	Unpublished
citation:
Document Size:	32004

1903 STATE OF NEW JERSEY v. JOHN McLEOD, III -- rank: 434

... arrest. Ambroselli , supra , 356 N.J. Super. at 384-85, 388. Even if the arrest is illegal, resisting it will nevertheless ... State proved all the requisite elements of the disorderly person's offense of resisting arrest. Defendant clearly knew he was under ... and the officers employed no unlawful force in effectuating defendant's arrest. Instead, defendant used force in opposing an arrest he ... body became rigid and "tensed up," requiring a second officer's assistance to physically place him in the police vehicle and ... proofs established all the composite elements of the disorderly person's offense of resisting arrest. We are equally satisfied that the ... who must balance concerns over administrative disruption with a defendant's legitimate ability to present a viable defense. Ibid. ; see ...

docket:	a4062-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-20
status:
citation:
Document Size:	19979

1904 STATE OF NEW JERSEY v. CHRISTOPH1 G. ORSINI -- rank: 434

... Suarez, Hudson County 1 The judgment of conviction lists defendant's first name as 'Christoph' but the parties' appellate briefs identify ... involved separate charges that arose from defendant Christoph G. Orsini's encounter with the victim while reaching into her parked car ... the charges be tried together. We did so because defendant's use of the stolen car to flee from the scene ... the lesser included offense of third-degree theft, N.J.S.A. 2C:20-3(a), with respect to his efforts to steal the purse from the victim's car. As for the other allegations, the jurors acquitted defendant ... instead of third-degree receipt of stolen property, N.J.S.A. 2C:20- 7(a). A-0239-20 2 ...

docket:	a0239-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-06
status:	Unpublished
citation:
Document Size:	30977

1905 /usr/local/share/www/libweb/collections/courts/appellate/a0340-20.opn.html -- rank: 431

... times, with each assignment recorded in the Union County Clerk's Office. On September 15, 2010 MERS assigned the mortgage to ... final judgment. Defendants did not oppose the motion. On November 14, 2019, final judgment was entered against defendants. In January 2020, Athene served the notice of the Sheriff's sale on defendants by certified and regular mail. A-0340 ... MUST DECIDE WHETHER [THE] TRIAL [COURT] ERRED OR THE COURT'S DETERMINATION WAS AN ABUSE OF DISCRETION[] IN DENYING DEFENDANT[S'] RIGHTS UPON [HER] MOTION TO VACATE A JUDGMENT SEEKING RELIEF PURSUANT TO RULE 4:50-1(f), WHERE DEFENDANT['S] WRITTEN ARGUMENTS PRESENTED FACT[S] OF RECORD TO JUSTIFY ...

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