Search Rutgers Law Library N.J. Court Opinions

301 IN THE MATTER OF COMMISSION PROCEEDING ON REVOCATION OF LICENSE OF PASQUALE PONTORIERO -- rank: 717

... Pasquale Pontoriero (David C. Stanziale, L.L.C. and Jon S. Deutsch, attorneys; Mr. Deutsch, of counsel; Mr. Stanziale, of counsel and on the briefs). Phoebe S. Sorial, General Counsel, argued the cause for respondent Waterfront Commission ... agency charged with enforcing the Waterfront Commission Act, N.J.S.A. 32:23-1 to -225 (the 'Waterfront Act'), which ... on the New Jersey and New York waterfronts. N.J.S.A. 32:23-2; Knoble v. Waterfront Comm'n of ... licenses and regulates waterfront employees, including hiring agents. N.J.S.A. 32:23- 12. Hiring agents select longshoremen for employment, N.J.S.A. 32:23-6, and the record indicates that, ...

docket:	a1006-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-07
status:	published
citation:	439 N.J.Super. 24 106 A.3d 532
Document Size:	54203

302 STATE OF NEW JERSEY v. DONNIE E. HARRELL -- rank: 714

... Law Division, Union County, Indictment No. 19-12-0852. Milton S. Leibowitz, Assistant Prosecutor, argued the cause for appellant (William A. Daniel, Union County Prosecutor, attorney; Milton S. Leibowitz, of counsel and on the brief). Joshua Forsman argued ... abuse against defendant that were memorialized in the child victim's March 30, 2016 videorecorded statement to law enforcement. The trial ... asserted in her tender-years statement. The court granted defendant's in limine motion, limiting the child's testimony to the only allegation she recalled and ordered her ... videorecorded statement redacted accordingly. 1 The court determined the child's lack of memory rendered her unavailable for cross-examination ...

docket:	a1908-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-18
status:	Published
citation:
Document Size:	47694

303 State v. Kanem Williamson -- rank: 714

... Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... trial court abused its discretion by admitting A.B.’s identification of defendant as a dying declaration; and (2) whether the admission of A.B.’s identification violated defendant’s right to confrontation. On a spring afternoon in 2014, emergency ... to speak because of the breathing tube. A.B.’s attending physician, Dr. Anastasia Kunac, told A.B. that she ... leads, he and other officers spoke with Kanem Morris, defendant’s father, who told police that defendant had admitted to ...

docket:	a-65-19
court:	NJ Supreme Court
decided:	2021-05-10
status:
citation:
Document Size:	67509

304 STATE OF NEW JERSEY v. D.M -- rank: 714

... facts are gleaned from the trial record as the State's version, which convinced the jury of defendant's guilt. On Monday, March 13, 2006, Susan Norton, a school social worker assigned to then nine-year-old Eve's child study team, received information about allegations that had been made over the prior weekend to Eve's and Meg's father concerning their grandfather, the defendant in this case. Arrangements ... Eve, but not regarding herself. Thereafter, DeSimone traveled to Eve's school, where she spoke to Eve for about twenty ...

docket:	a3407-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-24
status:	unpublished
citation:
Document Size:	83772

305 STATE OF NEW JERSEY v. MICHAEL FRYAR -- rank: 714

... PER CURIAM Defendant Michael Fryar appeals from the Law Division's denial of his petition for post-conviction relief (PCR), R ... procedurally barred. 1 In his appeal, his counsel limits defendant's argument to: POINT I MR. FRYAR IS ENTITLED TO AN ... THE PCR COURT ERRED IN ITS RULING THAT N.J.S.A. 2C:15-1 MAKES NO DISTINCTION BETWEEN ATTEMPTED ROBBERY ... II THE STATE RELIED ON KNOWN FALSE TESTIMONY FROM IT'S PRIMARY WITNESS AGAINST DEFENDANT TO CONVICT HIM OF THE ELEVATED ... essentially for the reasons stated in Judge Alfonse J. Cifelli's comprehensive oral decision. In our prior consideration of defendant's direct appeal, we summarized the facts leading to his ...

docket:	a4786-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-01
status:	unpublished
citation:
Document Size:	50024

306 ANDREW FREY, v. CITY OF HOBOKEN -- rank: 714

... all defendants violated the Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2. The complaint alleged Markey ... therefrom[.]' Id. at 535 (citation omitted). An appellate court 'review[s] the trial court's grant of summary judgment de novo under the same standard ... standard of review. II. Plaintiffs appeal Judge Francis B. Schultz's December 9, 2014 order granting the City summary judgment on ... deprive plaintiffs of their constitutional rights. A. Regarding the City's motion, the following facts are undisputed unless otherwise indicated. Plaintiffs ... but that there would be savings from reduced overtime. Tooke's email also requested an official union position on the ...

docket:	a2918-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-19
status:
citation:
Document Size:	50230

307 ELSIE LASCURAIN v. CITY OF NEWARK, DEPARTMENT OF WELFARE, et al. -- rank: 714

... orders appealed from are final because, ultimately, all of plaintiff's claims against all remaining parties were disposed of. We affirm ... as City Cemetery but was also referred to as Potter's Field, a burial ground for indigent persons. Plaintiff learned of her father's death from a newspaper but was never told where he ... is her brother, tried for years to locate their father's grave. In the 1960s they visited the Hall of Records ... Newark, in search of details. These efforts were unsuccessful. Plaintiff's sister also hired a detective to locate their father's grave, but the detective provided no information.     Ultimately, plaintiff ...

docket:	A1438-00
court:	NJ Superior Court Appellate Division
decided:	2002-03-12
status:	published
citation:	353 N.J. Super. 475 793 A.2d 731
Document Size:	92195

308 STATE OF NEW JERSEY v. RODNEY ARMOUR -- rank: 714

... attorneys; Mr. Bertucio, of counsel and on the brief; Elyse S. Schindel, on the brief). Monica Lucinda do Outeiro, Special Deputy ... if the fingerprint retesting were favorable, pursuant to N.J.S.A. 2A:84A-32a(d)(5).  After reviewing the record ... of a proffered alibi.  Consequently, we affirm the motion judge's denial of defendant's motion. I. Defendant was found guilty by a jury of second-degree robbery, N.J.S.A. 2C:15-1(a). We adopt the essential facts from our decision affirming defendant's conviction: The robbery was committed around 9 p.m. ...

docket:	a2006-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-19
status:	published
citation:	446 N.J.Super. 295 141 A.3d 381
Document Size:	66294

309 State v. Danny Lazo -- rank: 714

... may not have been summarized.) State v. Danny Lazo (A-14-10) (066199) Argued September 13, 2011 -- Decided February 1, 2012 ... pointed a knife at his stomach. The men took Chalco’s wallet and his cell phone. They then hit him on ... and prepared a sketch of the assailant based on Chalco’s description. According to Detective Valido, Chalco was “very certainâ ... a turnstile on August 8, 2005. The detective thought Lazo’s photo closely resembled the composite sketch and included a picture ... made the identification. Defendant was arrested the following day. Defendant’s trial began on November 28, 2006. Defense counsel did not ... State called Detective Valido and the victim. During the detective’s testimony, the State introduced in evidence the composite sketch, ...

docket:	A-14-10
court:	NJ Supreme Court
decided:	2012-02-01
status:
citation:	209 N.J. 9 34 A.3d 1233
Document Size:	107721

310 EILEEN A. EMBREY v. STATE OF NEW JERSEY -- rank: 711

... A-6499-06T36499-06T3 EILEEN A. EMBREY, GRACE ESPOSITO, ANGELO S. FABREGAS, EDDIE L. HALL, JR., CHERYL A. MOSES, LEWIS POWELL ... Appellants, vs. STATE OF NEW JERSEY, COUNTY OF ESSEX PROSECUTOR'S OFFICE, DONALD CAMPOLO, Individually, Jointly, Severally, and in the Alternative ... attorneys; Ms. Wong and Daniel C. Fleming, of counsel; Ian S. Clement, on the brief). Matthew Sapienza, Deputy Attorney General, argued ... Capone argued the cause for respondent County of Essex Prosecutor's Office and Donald Campolo (Lum, Drasco & Positan, LLC, attorneys; Paul ... employment discrimination case, two employees of the Essex County Prosecutor's Office (ECPO) argue that they were denied promotions due to ... the Division of Criminal Justice in charge of the prosecutor's supervisory section. Campolo was expected "to be the ultimate ...

docket:	a6499-06
court:	superior court appellate division
decided:	2009-08-04
status:	Unpublished
citation:
Document Size:	104144

311 STATE OF NEW JERSEY v. BRYAN C. BOSTON -- rank: 711

... from his conviction for first-degree aggravated manslaughter, N.J.S.A. 2C:39-4d. On September 28, 2006, and April ... b) hearing was held to determine the admissibility of defendant's statements to private security personnel and law enforcement officers under ... Jersey." During the subsequent examinations, Dr. Weiss focused on defendant's state of mind when he made his statements to the ... police. Dr. Weiss listened to the audio tape of defendant's interview with the police and the audio tape of defendant's statements the subsequent morning. He opined that it would be ... and "done without an understanding of what was in [defendant's] . . . liberty interest." Based on defendant's use of profanity ...

docket:	a3663-07
court:	superior court appellate division
decided:	2010-01-12
status:	unpublished
citation:
Document Size:	79585

312 PETRIC ASSOCIATES, INC v. CCA CIVIL, INC -- rank: 711

... Law Division, Hudson County, Docket No. L-1596- 16. Lawrence S. Lustberg argued the cause for appellant (Gibbons PC, and Peckar & Abramson, PC, attorneys; Lawrence S. Lustberg, Jennifer Ann Hradil, Jason R. Halpin, Gerard J. Onorata ... for violation of the Prompt Payment Act (PPA), N.J.S.A. 2A:30A-1 to -2; and 4) $500,000 ... and a separate award of $260,911.36 in attorney's fees. The jury considered a wealth of evidence that defendant ... PSE&G) wiring that not only would have altered plaintiff's decision to enter into the contract on the agreed terms, but also placed plaintiff's employees at significant risk of harm. The trial proofs ...

docket:	a3571-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-08
status:	Unpublished
citation:
Document Size:	102296

313 STATE OF NEW JERSEY v. SAMUEL K. DAVIS -- rank: 711

... Plaintiff-Respondent, v. SAMUEL K. DAVIS, a/k/a KEVIN S. DAVIS, GARY RATLIFF, and RODNEY RICHARDS, Defendant-Appellant. ________________________ Argued February 14, 2023 – Decided May 24, 2023 Before Judges Sumners, Susswein ... the jury during deliberations. State v. Davis, No. A-5173-14 (App. Div. July 18, 2017) (slip op. at 2). We ... offense. In the present appeal, defendant argues the Fifth Amendment's Double Jeopardy Clause precluded the State from retrying him for ... jury, the prosecutor committed misconduct during summation, and the State's forensic expert's testimony was improper. After carefully reviewing the record in ...

docket:	a1142-19
court:	NJ Superior Court Appellate Division
decided:	2023-05-24
status:	Unpublished
citation:
Document Size:	65030

314 State of New Jersey v. J.G. -- rank: 711

... warehouse supervisor. J.G. was not a member of Brown's New Jersey congregation, but he did attend church there two ... their two daughters were members. In May 2000, J.G.'s daughters told their mother that J.G. had sexually abused ... Brown felt that he had a duty, as the family's pastor, to protect the children by preventing J.G. from ... with him. Pastor Brown met J.G. outside of Brown's home and suggested that they walk to a public play ... One or two weeks later, J.G. attended the Pastor's church on a Sunday and again asked to be baptized ... the Pastor were privileged, the court looked to N.J.S.A. 2A:84A-23, which defines the cleric-penitent ...

docket:	a-44-08
court:	supreme
decided:	2010-04-07
status:
citation:	201 N.J. 369 990 A.2d 1122
Document Size:	198152

315 /usr/local/share/www/libweb/collections/courts/appellate/a2307-18.opn.html -- rank: 711

... Public Defender, attorney; Brian J. Yarzab, on the briefs). Deepa S. Jacobs, Assistant Prosecutor, argued the cause for respondent (Mark Musella ... ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from his conviction ... COURT COMMITTED PLAIN ERROR IN CHARGING THE JURY ON DEFENDANT'S LIABILITY AS A CONSPIRATOR. THE CHARGE FAILED TO EXPRESSLY ACKNOWLEDGE THE STATE'S CONCESSION THAT THE WRONG APARTMENT WAS BURGLARIZED, AND UTTERLY FAILED TO POINT OUT TO THE JURY PORTIONS OF DEFENDANT'S STATEMENT EMPHASIZING THAT THE EVENTS THAT OCCURRED IN THE VICTIMS' APARTMENT WERE NEVER CONTEMPLATED BY DEFENDANT. THE COURT'S FAILURE TO EMPHASIZE THAT THE WRONG APARTMENT WAS BURGLARIZED ...

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