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286 STATE OF NEW JERSEY v. SHAWN CUSTIS -- rank: 720

... Court of New Jersey, Law Division, Essex County, Indictment No. 14-01-0204. Tamar Y. Lerer, Assistant Deputy Public Defender, argued ... home invasion, in which the perpetrator broke into the victim's residence during the day when she was at home with ... the video. Defendant was thereafter arrested when leaving his girlfriend's New York City apartment building. A search of those premises ... invasion and robbery. This prosecution ensued, resulting in the jury's guilty verdict. The trial court imposed on defendant an extended ... the items seized from his A-5132-15T2 2 girlfriend's apartment without valid consent to perform a search of the ... the jury received inadequate instructions on identification; (4) the victim's ultimate identification of him was tainted and improperly admitted; ( ...

docket:	a5132-15
court:	NJ Superior Court Appellate Division
decided:	2018-12-21
status:	Unpublished
citation:
Document Size:	124997

287 State v. W.B. -- rank: 720

... issues in this appeal are: (1) the admissibility of defendant’s recorded statement; (2) the implications of a police officer destroying ... admission was reversible error; (4) whether testimony regarding the victim’s complaint more than one and one-half years after defendant’s sexual assault was admissible under the fresh complaint rule; (5 ... court abused its discretion in permitting the playback of defendant’s videotaped confession, which had not been admitted into evidence. Detective ... She first administered Miranda warnings to defendant using the PCPO’s Miranda rights and waiver form. Defendant initialed each right, and also signed the form’s “waiver of rights” portion. After 2:10 a. ...

docket:	A-80-09
court:	NJ Supreme Court
decided:	2011-04-27
status:
citation:	205 N.J. 588 17 A.3d 187
Document Size:	145610

288 STATE OF NEW JERSEY v. LANCE S. RICHARDSON -- rank: 720

... 1288-18T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LANCE S. RICHARDSON, Defendant-Appellant. __________________________ Argued March 2, 2020 – Decided May ... of counsel and on the brief). PER CURIAM Defendant Lance S. Richardson appeals from a September 5, 2018 judgment of conviction ... substance with intent to distribute, in violation of N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(10),1 and was sentenced ... the suppression hearing, we agree with Judge Joseph A. Portelli's conclusions that there was no expectation of privacy in the ... witness, Captain Daniel Bachok 2 of the Passaic County Prosecutor's Office Narcotics Unit (the Narcotics Unit) testified. During the ...

docket:	a1288-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-15
status:	Unpublished
citation:
Document Size:	46262

289 Green Party of New Jersey v. Hartz Mountain Industries, Inc. -- rank: 720

... and its candidate at a local shopping mall. The mall's regulations: 1) limited an applicant's activities to one day per year between January 1 and ... without obtaining the insurance certificate. Based on the Coalition Court's ruling that shopping malls are de facto traditional public forums ... standard, the court found that all three of the mall's regulations were invalid. ����The Appellate Division reversed, 324 N.J ... issue were upheld as reasonable means of protecting the mall's property interests and precluding certain groups from dominating access to ... to which the restriction impedes that right, and the mall's need for the restriction. 1. In Coalition , the Court ...

docket:	a-59-99
court:	njsupreme
decided:	2000-06-13
status:
citation:	164 N.J. 127
Document Size:	92169

290 STATE OF NEW JERSEY v. BRUCE D. STERLING -- rank: 720

... on five separate dates between 2002 and 2005. Over defendant's objection, the trial judge allowed the State to try three ... The fifth set of charges was dismissed on the State's motion. Defendant was convicted of all of the offenses arising ... of fair trials, and that reversal of all of defendant's other convictions in both appeals is required. Defendant's conviction and sentence of ten years imprisonment with a five ... key issue in the sexual assault cases. The trial court's determination of the joinder and other-crimes evidence issues was ... in New Brunswick. They included second-degree burglary, N.J.S.A. 2C:18-2, and first-degree aggravated sexual ...

docket:	a0048-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-15
status:	unpublished
citation:
Document Size:	161543

291 CHASE BANK USA, N.A v. JENNIFER STAFFENBERG -- rank: 720

... a delinquent credit card account, challenges the Special Civil Part's inclusion of $133.14 in counsel fees as part of a default judgment entered ... as taxed costs to the creditor pursuant to N.J.S.A. 22A:2-42. The debtor argues that such counsel ... her argument, the debtor invokes two other statutes, N.J.S.A. 17:3B-40 and N.J.S.A. 17:16C-42(d), which preclude the recovery of ... the Special Civil Part as taxed costs under N.J.S.A. 22A:2-42. The trial court rejected the ...

docket:	a4488-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-11
status:	published
citation:	419 N.J. Super. 386 17 A.3d 239
Document Size:	83732

292 JERSEY STATE OF NEW JERSEY v. SHAMSIDDIN ABDUR-RAHEEM -- rank: 717

... Kmieciak, Deputy Attorney General, argued the cause for respondent (Christopher S. Porrino, Attorney General, attorney; Ms. Kmieciak, of counsel and on ... degree murder of his infant daughter Z.A., N.J.S.A. 2C:11-3(a)(1) and (2); first-degree kidnapping of Z.A., N.J.S.A. 2C:13-1(b); second-degree endangering the welfare of Z.A., N.J.S.A. 2C:24-4(a); and the lesser-included disorderly persons offenses of simple assault, N.J.S.A. 2C:12-1(a)(1), and assault with a motor vehicle, N.J.S.A. 2C:12-1(c)(1), of the child' ...

docket:	a2077-12
court:	NJ Superior Court Appellate Division
decided:	2017-04-25
status:	unpublished
citation:
Document Size:	62032

293 Abbott v. Burke -- rank: 717

... al. (M-622-96) Argued March 3, 1997 -- Decided May 14, 1997 HANDLER, J., ����writing for a majority of the Court ... remedial monies are spent effectively and in furtherance of CEIFA's content standards. In respect of the act's failure to address plaintiffs' unique educational disadvantages, the case is ... 2.����The core curriculum content standards adequately discharge the Legislature's duty to define the content of a constitutional thorough and ... T & E amount, the CEIFA approach is constitutionally insufficient. CEIFA's premise that wealthy districts' spending in excess of the T ... the State never conducted the study required by the Court's prior orders to determine the actual needs of children ...

docket:	m-622-96
court:	njsupreme
decided:	1997-05-14
status:
citation:	119 N.J. 287
Document Size:	200674

294 BOROUGH OF FRANKLIN v. APPELLATE DIVISION JEFFREY R. SMITH -- rank: 717

... service municipality can be subpoenaed to testify in the municipality's case-in-chief at a departmental disciplinary hearing seeking his ... to determine whether there is a violation of the officer's Fifth Amendment constitutional right against self - incrimination. Accordingly, we affirm the Law Division order granting th e municipality's request to enforce the subpoena. I The essential facts are ... results of a random drug test. The Sussex County Prosecutor's Office (SCPO) concluded Smith had engaged in criminal conduct by ... witnesses and documentary evidence[,]' unless prohibited by law. N.J.S.A. 40A:14-148. At the Borough's request, the hearing officer ...

docket:	a2545-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-08
status:	Published
citation:
Document Size:	32334

295 /usr/local/share/www/libweb/collections/courts/supreme/a2453-12.opn.html -- rank: 717

... counsel; Mr. DeMichele of counsel and on the brief). Nicholas S. Jajko (Schwartz Culleton PC) argued the cause for respondent Michael ... and Seniors Management North (collectively, "Galloway"), challenge the trial court's denial of Galloway's motion to dismiss plaintiff's negligence and survivorship action and to refer the case to ... the authority to bind the decedent, his wife, to Galloway's standardized mandatory arbitration provisions when she was admitted to its nursing home. Because plaintiff's legal authority to bind the decedent to mandatory arbitration ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48731

296 STATE OF NEW JERSEY v. LLOYD G. EDMISTEN -- rank: 717

... assistance of appellate counsel in the 2008 proceeding. Because defendant's claims regarding his 2000 convictions were properly barred as untimely ... we affirm. I. We summarize separately the facts concerning defendant's 2000 and 2008 convictions. A. Defendant’s 2000 convictions relate to his sexual assaults when age nineteen ... and anal intercourse without the consent of the victims. Defendant's counsel learned that defendant was in special education while in ... retained Dr. Bruce Frumkin, who prepared a report assessing defendant's "psychological functioning as it pertains to his competency to proceed ... functioning for his age group." The tests also showed defendant's "vocabulary knowledge, verbal abstract reasoning skills, judgment and common ...

docket:	a5119-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	54300

297 /usr/local/share/www/libweb/collections/courts/appellate/a4731-17.opn.html -- rank: 717

... Klein, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Adam D. Klein, of counsel and ... seized heroin from his person.1 Kerns contends the police's unlawful inquiry tainted the seizure that followed. He argues: BECAUSE ... one count of third- degree possession of CDS, N.J.S.A. 2C:35-10(a)(1). A-4731-17T1 2 ... CONSTITUTION, THE EVIDENCE SUBSEQUENTLY SEIZED MUST BE SUPPRESSED. After Kerns's release on bail, a cooperating witness engaged in two controlled ... two controlled buys as well as the seizure after Kerns's round-trip to Newark. The indictment included four counts of third - degree possession of CDS, N.J.S.A. 2C:35-10(a)(1); four counts of ...

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court:
decided:
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Document Size:	61795

298 STATE v. O'HAGEN -- rank: 717

... Jersey DNA Database and Databank Act of 1994, N.J.S.A . 53:1-20.17 - 20.28 (Act), as amended, violates rights guaranteed by the Fourth and Fourteenth Amendment s to the United States Constitution and Article I, Paragraphs 1 ... innocent were served by the Act. In balancing the State's interest in obtaining DNA against the defendant's right to privacy, the Appellate Division concluded that any intrusion ... of privacy was minimal and was outweighed by the State's need to deter and detect recidivist offenders and the public's interest in promptly identifying and accurately prosecuting the perpetrators ...

docket:	a-70-05
court:	njsupreme
decided:	2007-01-24
status:
citation:	189 N.J. 140
Document Size:	114936

299 STATE OF NEW JERSEY v. TARIK A. DUPREE -- rank: 717

... J.R.E. 404(b) AND REQUIRE REVERSAL OF DEFENDANT'S CONVICTIONS. (NOT RAISED BELOW). POINT II THE ERRONEOUS ADMISSION OF THE VICTIM'S UNRELIABLE IDENTIFICATION REQUIRES REVERSAL OF DEFENDANT'S CONVICTIONS. POINT III THE ROBBERY AND TERRORISTIC THREATS CONVICTIONS ARE ... the record and applicable law. We affirm. I. Because defendant's appeal focuses on the trial court's admission of Claire's out-of-court identification, we derive the following facts ...

docket:	a3474-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-17
status:	unpublished
citation:
Document Size:	47977

300 PETER MOCCO v. JAMES J. LICATA -- rank: 717

... THE ATRIUM AT HAMILTON PARK URBAN RENEWAL ASSOCIATES LLC, FULTON'S LANDING URBAN RENEWAL COMPANY LLC, FIRST CONNECTICUT HOLDING GROUP LLC ... FOR JAMES J. LICATA, Defendants, and CENTRUM FINANCIAL SERVICES, INC., U.S. BANK, NATIONAL 2 A-5041-14T2 ASSOCIATION, FIRST MUTUAL BANK ... the cause for respondents/cross-appellants Centrum Financial Services, Inc., U.S. Bank, National Association, First Mutual Bank and Wells Fargo Bank ... Giantomasi, PC, attorneys; Paul H. Schafhauser, on the brief). Herbert S. Blake, respondent/cross-appellant pro se. 3 A-5041- ...

docket:	a5041-14
court:	NJ Superior Court Appellate Division
decided:	2018-06-05
status:	unpublished
citation:
Document Size:	123997