Search Rutgers Law Library N.J. Court Opinions

196 STATE OF NEW JERSEY v. NELSON D. VILLANUEVA -- rank: 565

... Hsu, Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General, attorney; Ms. Hsu, of counsel and on ... of second-degree vehicular homicide of three victims, N.J.S.A. 2C:11-5a (counts four, five and six); fourth ... causing serious bodily injury to a fourth victim, N.J.S.A. 2C:12-1c(1) (count eight); three counts of ... while driving with a suspended or revoked license, N.J.S.A. 2C:40-22a (counts nine, ten and eleven), and ... while driving with a suspended or revoked license. N.J.S.A. 2C:40-22b (count twelve). Defendant was found not ... guilty of three counts of first-degree manslaughter, N.J.S.A. 2C:11-4 (counts one, two and three), ...

docket:	a3460-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-05
status:	unpublished
citation:
Document Size:	63276

197 STATE OF NEW JERSEY v. RAYMOND E. JENKINS, JR -- rank: 565

... possession of a controlled dangerous substance (CDS) (heroin), N.J.S.A. 2C:35-7.1 (Counts Three and Five); and ... degree possession of heroin with intent to distribute, N.J.S.A. 2C:43-6f, of eight years of imprisonment with ... twelve police officers to execute search warrants obtained for defendant's person, defendant's automobile, two Plainfield residences at 702 South Avenue and 904 ... O'Brian, driving an unmarked police car, began following defendant's vehicle. After observing defendant pull his vehicle over and stop ... O'Brian parked his car approximately one car behind defendant's vehicle. Meanwhile, Obie Holland had telephoned defendant requesting that ...

docket:	a4489-06
court:	njappellate
decided:	2008-11-06
status:	unpublished
citation:	199 N.J. 517
Document Size:	89732

198 STATE OF NEW JERSEY v. MIRAJ PATEL -- rank: 562

... appeal, we review for a fourth time defendant Miraj Patel's October 30, 2014 conviction, after a trial de novo, of ... while under the influence of intoxicating liquor (DWI), N.J.S.A. 39:4–50. Having considered defendant's arguments in light of the facts and applicable law, we ... before 1 Defendant was also charged with speeding, N.J.S.A. 39:4–98; driving without a license, N.J.S.A. 39:3–10; and reckless driving, N.J.S.A. 39:4–96. Defendant was convicted of the ...

docket:	a1336-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-19
status:	Unpublished
citation:
Document Size:	32724

199 STATE OF NEW JERSEY v. MELVIN Y. CORREA -- rank: 559

... V. Ruotolo, Acting Union County Prosecutor, attorney for respondent (Milton S. Leibowitz, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel ... possession of a controlled dangerous substance (CDS), cocaine, N.J.S.A. 2C:35-10(a)(1), and fourth-degree possession of drug paraphernalia with intent to distribute, N.J.S.A. 2C:36-3. Defendant argues we should reverse his ... home that was authorized by a search warrant; the State's drug expert improperly opined at trial about defendant's intent; and the court improperly denied defendant's motion for a mistrial and gave the jury a ' ...

docket:	a3944-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-22
status:	Unpublished
citation:
Document Size:	44906

200 STATE OF NEW JERSEY v. ORRIC B. MITCHELL -- rank: 559

... his conviction and sentence for second-degree eluding, N.J.S.A. 2C:29-2(b), and fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2(a)(2). On appeal, he asserts numerous errors including the court's admission of other crimes evidence and failure to offer a ... recording of a high-speed police chase, violation of defendant's right to a speedy trial, and an excessive sentence. We are unpersuaded by defendant's arguments and affirm; however, we remand for resentencing. I. On ... Officer David MacNeil was on duty, monitoring traffic along defendant's route with the use of radar and noticed defendant' ...

docket:	a4251-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-12
status:	unpublished
citation:
Document Size:	54920

201 STATE OF NEW JERSEY v. JAMES R. HOLMA -- rank: 556

... of Corey Grant, defendant was indicted for murder, N.J.S.A. 2C:11-3a(1) and (2), conspiracy to commit murder, N.J.S.A. 2C:11-3a(1) and (2) and N.J.S.A. 2C:5-2, possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a, and unlawful possession of a handgun, N.J.S.A. 2C:39-5b. He was tried before a jury ... A-1223-91 (App. Div. June 7, 1994). The State's petition for certification was denied. State v. Holman , 138 ...

docket:	a4774-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-17
status:	unpublished
citation:
Document Size:	42648

202 STATE OF NEW JERSEY v. MICHAEL J. SIRIANI -- rank: 556

... State counters by arguing the motion judge properly denied defendant's application. We have considered these arguments in light of the ... photographic array or line-up, police investigation led to defendant's arrest on December 29. Apparently, co-defendant Vincent Allen told ... taken from the first convenience store was found in Allen's vehicle. Defendant has remained incarcerated since his arrest, and was ... right to a speedy trial[.]" On April 7, 2009, defendant's motion to dismiss was orally argued before the motion judge ... both subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, and, based upon defendant's "prior history," he faced a potential life sentence. The ...

docket:	a4115-08
court:	superior court appellate division
decided:	2009-09-09
status:	unpublished
citation:
Document Size:	35021

203 STATE OF NEW JERSEY v. CHRISTOPHER BEARDSLEY -- rank: 556

... an indictment with third-degree distribution of methadone, N.J.S.A. 2C:43-7.2. Appropriate fees and penalties were ... of one of them, Brian Casper. According to the State's proofs, Casper and defendant had not seen each other since ... six hours. Through a mutual acquaintance, Casper knew of defendant's access to methadone. During their encounter at the bar, Casper ... p.m. met Casper at the Roxbury home of Casper's girlfriend, Jessica Yates. There, defendant gave about four methadone pills ... they drove to Mount Olive, to the home of defendant's girlfriend, Amanda Romeo. There, they talked, drank and smoked marijuana ... 30 p.m., Casper visited defendant who was at Romeo's home watching her two young children while she worked. ...

docket:	A2182-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-24
status:	unpublished
citation:
Document Size:	71866

204 STATE OF NEW JERSEY v. JACOB HILLER -- rank: 556

... refusal to take a chemical breath test. When the State's sole witness, a New Jersey State Trooper, did not appear ... on the charges, the Winslow Township municipal court granted defendant's motion to suppress the State's evidence and summarily dismissed the charges. The court later granted the State's motion for reconsideration of the suppression and dismissal order, vacated ... the order, and relisted the matter for trial. On defendant's interlocutory appeal from the court's order on reconsideration, the Law Division ordered the suppression ...

docket:	a2647-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-30
status:	Unpublished
citation:
Document Size:	36179

205 STATE OF NEW JERSEY v. LESTER DENMON -- rank: 556

... to consult with him prior to trial. We affirm. Defendant’s first indictment (I-91-10-0134) involved a robbery of ... and the victim identified him as the robber. The victim's belongings were found in defendant's car. Defendant did not testify at trial. The jury convicted ... Supreme Court denied certification. 168 N.J. 295 (2001). Defendant's second indictment (I-95-09-1155) involved credit card theft ... remanded the matter for the PCR judge to address defendant's speedy trial and IAD arguments. On April 7, 2010, the ... PRIMA FACIE CASES OF TRIAL COUNSELS' INEFFECTIVENESS A. Indictment No. S-1034-91 1. Trial Counsel Induced Defendant Not To ...

docket:	a0168-09
court:	NJ Superior Court Appellate Division
decided:	2010-12-23
status:	unpublished
citation:
Document Size:	28658

206 Robertet Flavors, Inc. v. Tri-Form Construction, Inc. -- rank: 556

... how to fashion a sanction appropriate to address a plaintiff's spoliation of evidence concerning a defect. Plaintiff Robertet Flavors, Inc ... defendants' attorneys about the investigations, the mold discovery, or plaintiff's plans to replace the strip windows. In October 2002, Mark Epstein, plaintiff's president, learned Breitman had been hospitalized. According to Epstein, he ... called counsel for Academy Glass and told her about Breitman's illness, as well as the plans to begin repairing the ... that plaintiff refrain from further remediation until it evaluated plaintiff's claims. Plaintiff refused, believing it would be impractical to halt ... of the strip windows. At an evidentiary hearing, Academy Glass's expert, Herbert Cannon, explained that because the remediation was ...

docket:	a-70-08
court:	supreme
decided:	2010-08-03
status:
citation:	203 N.J. 252 1 A.3d 658
Document Size:	142753

207 STATE OF NEW JERSEY v. MILAN SHAH -- rank: 556

... from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. The court sentenced defendant to a ... emanating from the interior of the vehicle, then on defendant's breath. Defendant admitted having a couple of beers that night ... or the One-Leg Stand Test. Trooper Harris noticed defendant's eyes were bloodshot. He was unable to perform the Horizontal ... Gaze Nystagmus Test. Defendant was arrested for DWI, N.J.S.A. 39:4-50, and brought to the processing area ... his obligation to provide breath 1 Miranda v. Arizona, 384 U.S. 436 (1966). A-0900-18T3 2 samples, and read ...

docket:	a0900-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-26
status:	Unpublished
citation:
Document Size:	19184

208 STATE OF NEW JERSEY v. STEVEN A. MELEIKA -- rank: 553

... AND A FAIR TRIAL. (Not Raised Below.) POINT II COUNSEL'S FAILURE TO RAISE THE VIOLATION OF DEFENDANT'S RIGHT TO A SPEEDY TRIAL WAS INEFFECTIVE ASSI[S]TANCE OF COUNSEL, AND VIOLATED HIS RIGHT TO COUNSEL AND ... weapon (a handgun) possession, and third-degree aggravated assault. Defendant's father was also charged in the same indictment with third ... at another person. The plea agreement called for the State's recommendation of an eighteen-month prison term with an eighteen ... period of parole ineligibility as a Graves Act, N.J.S.A. 2C:43-6(c), offense and the dismissal ...

docket:	a4103-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-24
status:	Unpublished
citation:
Document Size:	16717

209 STATE OF NEW JERSEY v. DALE ZAIRO -- rank: 550

... York bar, admitted pro hac vice, on the brief). Thomas S. Ferguson, Warren County Prosecutor, attorney for respondent (Dit Mosco, Assistant ... arrest for driving while under the influence (DWI), N.J.S.A. 39:4-50, and refusal to provide a breath sample, N.J.S.A. 39:4-50.2, defendant pled guilty to the ... the following points for our consideration: POINT ONE MR. ZAIRO'S PLEA WAS SUBSTANTIVELY AND PROCEDURALLY DEFECTIVE AND SHOULD BE VACATED UPON APPEAL. POINT TWO MR. ZAIRO'S CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL WAS VIOLATED[,] THEREBY WARRANTING ... failed to make the requisite inquiry to ensure that defendant's plea was fully knowing and voluntary, as the court ...

docket:	a5129-07
court:	superior court appellate division
decided:	2009-06-30
status:	Unpublished
citation:
Document Size:	65998

210 STATE OF NEW JERSEY VS. LUIS CANDELARIA -- rank: 550

... sentence. I.     Defendant was indicted for armed robbery, N.J.S.A. 2C:20-7a (count one); burglary, N.J.S.A. 2C:39-4a (count twenty-one). After the denial ... theft alleged in count one. See footnote 1     The State's motion for an extended term pursuant to See footnote 2 ... prepared by designated counsel, he argues:     POINT I    THE DEFENDANT'S RIGHT TO BE FREE FROM             UNREASONABLE SEARCHES AND SEIZURES WAS ... THE             DEFENDANT WAS ARMED AND DANGEROUS.     POINT II    THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW             AS GUARANTEED BY THE ... THE NEW JERSEY CONSTITUTION WAS             VIOLATED BY THE TRIAL COURT'S FAILURE TO             INSTRUCT THE JURY ON THE LAW OF ...

docket:	a4798-95
court:	njappellate
decided:	1998-04-20
status:	published
citation:	311 N.J.Super. 437
Document Size:	45152