Search Rutgers Law Library N.J. Court Opinions

181 STATE OF NEW JERSEY v. CHRISTOPHER R. SMALL -- rank: 580

... She pulled over, walked to the van, and noticed McCurdy's face was discolored and had froth coming out of it ... man lying down with his head partially under the driver's seat. This individual, later identified as Kevin MacFarlane, was not ... pronounced dead. After interviewing J.C., Detective Drake visited Verity's residence and noticed a A-2255-19 3 needle, which ... of the men had survived, 1 Miranda v. Arizona, 384 U.S. 436 (1966). A-2255-19 4 Verity stated he was ... version of the story, which did not align with Verity's. As the interview progressed, Detective Drake assured Verity he ...

docket:	a2255-19
court:	NJ Superior Court Appellate Division
decided:	2023-11-16
status:	Unpublished
citation:
Document Size:	110991

182 STATE OF NEW JERSEY v. DIANE L. WILLIAMS -- rank: 577

... by a jury of second-degree vehicular homicide, N.J.S.A. 2C:11-5b(1); third-degree assault by auto, N.J.S.A. 2C:12-1c(2); and two counts of fourth-degree assault by auto, N.J.S.A. 2C:12-1c(2). The judge sentenced her to ... supervision required by the No Early Release Act, N.J.S.A. 2C:43-7.2, and to a consecutive three ... family gathering. The force of the impact nearly ripped defendant's car in half and demolished the Chevy Impala with which ... shock and succumbed to her injuries eight days later. Defendant's companion was also airlifted from the scene with life- ...

docket:	a1610-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-10
status:	unpublished
citation:
Document Size:	37459

183 STATE OF NEW JERSEY v. JAMEEL N. JONES -- rank: 577

... charged in an Essex County indictment with murder, N.J.S.A. 2C:11-3(a)(1) and -3(a)(2 ... one); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count two); and second-degree ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three). He entered a ... one, as amended to first- degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), and count two. He ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one, and a ... ultimately gave an incriminating statement, and subsequently opposed the State's motion to admit the statement at trial. After the ...

docket:	a2238-19
court:	NJ Superior Court Appellate Division
decided:	2022-09-23
status:	Unpublished
citation:
Document Size:	64329

184 STATE OF NEW JERSEY VS DUNCAN H. FARRELL -- rank: 577

... driving while under the influence of intoxicants (DWI), N.J.S.A. 39:4-88b. As in the Municipal Court, fines ... in the I.D.R.C. was ordered and defendant's driver's license was suspended for 180 days. The sentence was stayed ... COURT SHOULD HAVE DISMISSED         COMPLAINTS AGAINST DEFENDANT BECAUSE THE         STATE'S BAD FAITH IN CONDUCTING THE         PROSECUTION AND ITS GROSS NEGLECT ... AND         FAILURE TO TIMELY PROSECUTE VIOLATED         SUPREME COURT DIRECTIVES, DEFENDANT'S         SPEEDY TRIAL AND DOUBLE JEOPARDY RIGHTS,         AND JUDICIAL INTEGRITY.         A ... REPEATEDLY ASSERTED HIS     RIGHT TO A SPEEDY TRIAL.             4.    FARRELL'S PREJUDICE IS BEYOND     QUESTION.         C.    ADJOURNMENTS VIOLATED DOUBLE JEOPARDY              ...

docket:	a6842-96
court:	njappellate
decided:	1999-04-22
status:	published
citation:	320 N.J.Super. 425
Document Size:	77595

185 STATE OF NEW JERSEY v. DAVID J. ZUKOWSKI -- rank: 577

... of the disorderly persons offense of resisting arrest, N.J.S.A. 2C:29-2(a)(1). The judge imposed a ... In conducting our review, "[w]e defer to the judge's fact finding, and our 'review is limited to whether the ... sufficient credible evidence present in the record.'" State v. L.S. , 444 N.J. Super. 241 , 247-48 (App. Div. 2016 ... omitted). "We owe no deference, however, to the 'trial court's interpretation of the law . . . and the consequences that flow from ... J. at 382 ("The Law Division reviews the municipal court's decision de novo, but defers to credibility findings of the ... Troopers Wallace Zosche Jr., and Louis Jacinto arrived at defendant's home dressed in plain clothes to serve an arrest ...

docket:	a5511-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-21
status:	unpublished
citation:
Document Size:	25799

186 STATE OF NEW JERSEY v. WILLIAM B. MALLOY -- rank: 574

... of three counts of first degree armed robbery, N.J.S.A. 2C:39-5d. On November 16, 2001, Judge Donald ... The charges arise from the armed robbery of an ophthalmologist's office in Passaic. The facts are set forth in detail ... knife while he struggled to remove a wallet from Vogel's back pocket. Defendant pointed to the petty cash drawer, which ... Simmons, who was in the filing room out of defendant's presence, quietly closed the filing room door, turned off the ... lights and dialed 9-1-1. Defendant demanded Dr. Vogel's wallet. Dr. Vogel said it was in his office. Defendant pressed the knife into the doctor's back and pushed him to the back office. As ...

docket:	A1081-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-07
status:	unpublished
citation:
Document Size:	52119

187 STATE OF NEW JERSEY v. MARK K. WELCH -- rank: 571

... of second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2);1 and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). 2 On August 5, 2016 ... the sentence and remand for a rehearing. I. The State's trial witnesses testified to the following facts. At around 9 ... Defendant was indicted for third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(a)-(b), but the ... indicted for fourth-degree obstructing a criminal investigation, N.J.S.A. 2C:29-1. That count of the indictment ...

docket:	a0036-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-07
status:	Unpublished
citation:
Document Size:	32733

188 STATE OF NEW JERSEY v. MANUEL A. MERCADO -- rank: 571

... his conviction of third-degree receiving stolen property, N.J.S.A. 2C:20-7 (count one); second-degree eluding, N.J.S.A. 2C:29-2b (count four); third-degree attempted aggravated ... a deadly weapon against Police Officer Walter Stinner, N.J.S.A. 2C:12-1b(2) (count eight); third-degree attempted ... a deadly weapon against Police Officer Daniel Roman, N.J.S.A. 2C:12-1b(2) (count nine); third-degree attempted ... a deadly weapon against Police Officer Michael Iannelli, N.J.S.A. 2C:12-1b(2) (count ten); fourth-degree obstruction, N.J.S.A. 2C:29-1 (count eleven); fourth-degree resisting ...

docket:	a1083-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-10
status:	unpublished
citation:
Document Size:	49670

189 STATE OF NEW JERSEY v. LOUIS ADAMS -- rank: 568

... were subject to the No Early Release Act, N.J.S.A. 2C:43- 7. Defendant appealed his convictions and sentence ... slip op. at 2). The Supreme Court later denied defendant's petition for certification. State v. Green, 231 N.J. 409 (2017). The facts underlying defendant's convictions are set forth in our unpublished opinion and need ... to a pool of blood and shell casings from DeAmorim's weapon.' Id. at 4. 'Forensic scientist Monica Ghannam, an expert ... assistance of counsel (IAC). A counseled brief submitted on defendant's behalf raised additional claims. Following oral 1 Specifically, Ghannam testified ... 0315-19T1 4 argument, Judge Lara K. DiFabrizio denied defendant's petition by order dated May 30, 2019. In an ...

docket:	a0315-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-02
status:	Unpublished
citation:
Document Size:	30683

190 SETH POLLACK v. QUICK QUALITY RESTAURANTS INC -- rank: 568

... for Levin orally agreed Levin would pay plaintiffs a broker's commission of 1.5% of the purchase price. According to Pollack, Levin's representative also agreed to draft a commission agreement and confirmed via email, on April 3, 2013, the broker's commission would be 1.5%. On June 26, 2013, the ... provided the inspection period would begin eleven days following defendant's receipt of the contract if defendant did not exercise its right of first refusal. On July 10, 2013, Levin's representative sent Pollack a proposed commission agreement, which stated, "[u]ntil this agreement is signed by Levin Properties, . . . it ...

docket:	a1967-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-26
status:	published
citation:	452 N.J.Super. 174 172 A.3d 568
Document Size:	51684

191 STATE OF NEW JERSEY v. GLENN VANDERKOOY -- rank: 568

... Park Borough. These were: driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to take a breathalzyer test, N.J.S.A. 39:4-50.2; and speeding, N.J.S.A. 39:4-98. Judge Philip J. Maenza imposed the ... in DWI surcharges, $6 in fines, a three month driver's license suspension, and twelve hours attendance at an Intoxicated Driver ... Ruggiero was traveling southbound on Route 202 when his vehicle's Stalker Dual SL model radar detection device flashed, which typically ... traffic. Ruggiero observed defendant driving towards him and estimated defendant's speed to be about sixty-two miles per hour. ...

docket:	a1423-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-05
status:	unpublished
citation:
Document Size:	39572

192 STATE OF NEW JERSEY v. ANDRES J. PAYANO -- rank: 568

... and other plain-clothes officers from the Essex County Sheriff's Bureau of Narcotics set up surveillance in Orange beginning at ... lot and retrieved something from the grass near the driver's-side wheel of a van parked in the lot. He ... description to backup officers. They saw defendant, who fit Andino's description, including the "dreads." They detained him around the corner ... Lieutenant Vito D'Alessio searched the grass near the van's driver's-side wheel, and found a bag containing eighty-nine similarly ... counts: count five - third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1); count six - third- ...

docket:	a4058-12
court:	NJ Superior Court Appellate Division
decided:	2011-09-18
status:	unpublished
citation:
Document Size:	50194

193 STATE OF NEW JERSEY v. JUAN J. FIGUEROA -- rank: 565

... finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50; DWI in a school zone, N.J.S.A. 39:4-50(g); possessing an open container of alcohol in a motor vehicle, N.J.S.A. 39:4-51b; careless driving, N.J.S.A. 39:4-97; and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. Defendant contends the State violated ... remanded this case to the Law Division to address defendant's appeal on the merits. The factual background is discussed ...

docket:	a3112-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-07
status:
citation:
Document Size:	22668

194 STATE OF NEW JERSEY v. CHARLES M. GRANT -- rank: 565

... jury of first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) and (2), second-degree ... possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a), and unlawful possession of a firearm, N.J.S.A. 2C:39-5(b). He appeals from his conviction ... the location of the shooting, and the testimony of Tucker's friend, Demetrius Robinson, who claimed that defendant admitted to the ... 18 John Doe1), which was inadmissible hearsay and violated defendant's confrontation clause rights. He also claims that he was denied ... record does not reflect whether 'John Doe' was the victim's street name, a phonetic spelling of his surname, a ...

docket:	a1401-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-15
status:	Unpublished
citation:
Document Size:	63227

195 STATE OF NEW JERSEY v. VINCENT DISPOTO -- rank: 565

... delivered by LINTNER, J.A.D. We granted the State's leave to appeal, R. 2:2-3(b), from an ... drug paraphernalia, seized pursuant to a search warrant at defendant's office and residence. We now affirm. On October 10, 2001 ... degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5a, while in the possession of a weapon, N.J.S.A. 2C:39-4.1 (Count One); third-degree possession ... He also found that the odor of marijuana and defendant's admission that the safe contained two pounds of marijuana provided ... warrant. Prior to the commencement of trial, pursuant to defendant's motion, the motion judge held a Miranda hearing. Following ...

docket:	A0146-05
court:	NJ Superior Court Appellate Division
decided:	2006-02-17
status:	published
citation:
Document Size:	50413