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256 STATE OF NEW JERSEY v. JANET GALLAGHER -- rank: 511

... Gallagher was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Because this was defendant's third DWI conviction, Judge Stuart Minkowitz sentenced her to a ten-year driver's license suspension and a 180-day term of incarceration, with ... ALSO APPROPRIATE HERE, WHERE THE POLICE OFFICER ADMITTED THAT DEFENDANT'S VEHICLE WAS STOPPED SOLELY BECAUSE HE BELIEVED DEFENDANT GAVE HIM ... COURT BELOW ABUSED ITS DISCRETION BY REAFFIRMING THE TRIAL COURT'S DENIAL OF DEFENDANT'S THREE REQUESTS FOR DISMISSAL FOLLOWING THE STATE'S INABILITY ...

docket:	a0559-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-12
status:	unpublished
citation:
Document Size:	26176

257 STATE OF NEW JERSEY v. JAMES V. CANTANDO -- rank: 511

... CURIAM Defendant James V. Cantando appeals from the trial court's March 7, 2011, order denying, without an evidentiary hearing, his ... school-owned computer to access child pornography. Based on Chubb's consent, police seized the suspected computer. After conducting an analysis ... signed a summons-complaint charging defendant with violating N.J.S.A. 2C:24-4b(5)(b). After police served defendant ... don[']t want. Based on his statement, and the police's preliminary review of the computer seized from his home, police ... the forensic analysis was completed in June 2005. The prosecutor's office and defendant engaged in fruitless, pre-indictment plea negotiations ... a September 28, 2005, letter from the prosecutor to defendant's attorney offering a pre-indictment plea agreement that also ...

docket:	a0969-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-01
status:	unpublished
citation:
Document Size:	23928

258 STATE OF NEW JERSEY v. HAI KIM NGUYEN -- rank: 511

... day after the murder, detectives from the Somerset County Prosecutor's Office went to arrest defendant at the Brooklyn address, accompanied ... arrested. Defendant was charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1) or (2) (count two ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three); and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count four). On August ...

docket:	a5303-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-13
status:	unpublished
citation:
Document Size:	21422

259 STATE OF NEW JERSEY v. ROGER MAURO -- rank: 508

... Craig, Annin & Baxter, L.L.P., attorneys for respondent (Jeffrey S. Craig, on the brief). PER CURIAM This matter returns to ... distinguishable from those in Cahill and again determine that Mauro's speedy trial rights were not violated by the twelve-month ... after a night of drinking in a bar, the defendant's vehicle collided with a police vehicle, injuring the officer. Cahill , supra , 213 N.J. at 258. The defendant's blood alcohol level exceeded the legal limit and he was ... a speedy trial. Id. at 258, 262. In analyzing Mauro's claim, we first measure the entire length of the delay ... 16, 2011. See id. at 272 (citing Barker v. Wingo , 407 U.S. 514 , 533, 92 S. Ct. 2182 , 2193- ...

docket:	a4950-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-21
status:	unpublished
citation:
Document Size:	14618

260 ENCOMPASS INSURANCE COMPANY v. QUINCY MUTUAL FIRE INSURANCE COMPANY -- rank: 508

... for respondent/cross-appellant (Hardin, Kundla, McKeon & Poletto, attorneys; John S. Favate of counsel and on the brief; Mr. Grillos and ... Quincy Mutual Fire Insurance Company appeals from orders denying Quincy's motion for summary judgment and granting summary judgment to plaintiff ... briefs. 1 This action arises out of accident involving Richard S. Cumming, Jr., who was riding a motorcycle, and Charlotte F ... with Levinson Realty Associates, Inc., and was returning to Levinson's office from a title closing with a commission check made ... vicariously liable. Casey and Levinson sought insurance coverage of Cumming's claims. Casey had a package policy from Encompass, providing primary ... 2 On February 18, 2011, Judge Arthur Bergman granted Cumming's motion for partial summary judgment, "holding that [Levinson] is ...

docket:	a3000-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	42376

261 STATE OF NEW JERSEY v. JOSE D. LOPEZ -- rank: 508

... for appellant (Suzannah Brown, Designated Counsel, on the brief). Gurbir S. Grewal, Attorney General, attorney for respondent (Leslie-Ann Marshall Justus ... second-degree leader of auto theft trafficking network, N.J.S.A. 2C:20-18 (count one); one count of second ... a facility for the sale of stolen automobiles, N.J.S.A. 2C:20-16 (count two); four counts of third ... degree alteration of motor vehicle identification numbers (VIN), N.J.S.A. 2C:17-6 (counts three, fourteen, sixteen, and eighteen); one count of third- degree fencing, N.J.S.A. 2C:20-7.1(b) (count four); one count ... degree conspiracy to commit theft by unlawful taking, N.J.S.A. 2C:5-2 and N.J.S.A. ...

docket:	a2836-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-06
status:	Unpublished
citation:
Document Size:	18789

262 STATE OF NEW JERSEY v. CARLOS GONZALEZ -- rank: 508

... appellant (Abby P. Schwartz, Designated Counsel, on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Ashlea D. Thomas, Deputy ... the name Carlos Gonzalez. The Juvenile Justice Commission listed defendant's birth date as July 21, 1972. Defendant's actual birth date is January 3, 1967. On May 4 ... as Hugo Velez, was the assailant. The Camden County Prosecutor's Office (CCPO) investigated the incident and learned from defendant's employer that he presented a social security card with the ... defendant for second-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(1) (count one); third- ...

docket:	a1822-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-06
status:	unpublished
citation:
Document Size:	18291

263 STATE OF NEW JERSEY v. DAWN M. LOPEZ -- rank: 502

... 2010, the Central Municipal Court of Bergen County heard defendant's motion to suppress the Alcotest results. Defendant argued, in part ... that the results should be suppressed due to the State's failure to use the Ertco-Hart Thermometer. The municipal court ... following our decision in Holland , the municipal court denied defendant's motion to suppress the Alcotest results. On the same date ... checklist," which he indicated he needed for reference. Over defendant's objection, the judge adjourned the matter to permit the testifying ... that the multiple adjournments violated her right against double jeopardy. U.S. Const. amend. VI; N.J. Const. art. I, ¶ ...

docket:	a4338-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-21
status:	unpublished
citation:
Document Size:	27615

264 STATE OF NEW JERSEY v. LAWRENCE CLEAVER -- rank: 502

... Jersey, Law Division, Morris County, Municipal Appeal No. 12-025-U. Albert P. Mollo, attorney for appellant. Fredric M. Knapp, Morris ... from his conviction of driving while intoxicated ("DWI"), N.J.S.A. 39:4-50. He was found guilty of that ... sustained on de novo review in the Law Division. Defendant's essential claim on appeal is that the Law Division's de novo review of his municipal conviction was unduly delayed ... was sentenced to a nine-month loss of his driver's license and other penalties and consequences. His sentence was stayed ... forms. Evidently the municipal prosecutor disagreed with the county prosecutor's willingness to provide the discovery, which led to some ...

docket:	a0919-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-04
status:	unpublished
citation:
Document Size:	21977

265 STATE OF NEW JERSEY v. THOMAS SULKOWSKI -- rank: 502

... City municipal court to driving while intoxicated (DWI), N.J.S.A. 39:4-50. The Law Division judge, Bernard E ... and penalties. Judge DeLury vacated the stay entered pending defendant's appeal to the Law Division. We subsequently denied defendant's motion for a stay pending this appeal. I. We set ... some detail because it presents the sole basis for defendant's arguments before both the Law Division and this court. Defendant ... requests, the court mistakenly issued an arrest warrant for defendant’s failure to appear on November 3, and defendant was arrested ... The adjournment was apparently granted, and, pursuant to the court's request, defense counsel advised the prosecutor that he still ...

docket:	a6188-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-08-12
status:	Published
citation:
Document Size:	31484

266 STATE OF NEW JERSEY v. DAVID FIGUEROA -- rank: 502

... with three counts of first-degree armed robbery, N.J.S.A. 2C:15-1 (counts one, two, and three), resulting ... Inmate Records Coordinator Jennie Lugo to the Ocean County Sheriff's Department, advising that it had received and lodged a detainer ... of the attached form 1 and return it to [Lugo's] office." On January 10, 2007, Melissa Barbier, Esquire, the Assistant ... Form 1 on January 16, 2007, and the public defender's office received a copy of the signed document on March ... a letter dated January 7, 2008 to the public defender's office, in which he questioned the lack of progress on ... he "messed up because [he] never sent the facility [he's] now incarcerated in a copy of the detainer, which [ ...

docket:	a2553-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-25
status:	unpublished
citation:
Document Size:	35283

267 /usr/local/share/www/libweb/collections/courts/appellate/a1819-19.opn.html -- rank: 497

... possession, and multiple aggravated sexual assaults. We previously affirmed defendant's sentence on three occasions: on direct appeal in 1983, see ... App. Div. Feb. 23, 1983), certif. denied, 94 N.J. 514 (1983) (Soden I); on appeal from the denial of his ... CASE DOCTRINE APPLIED TO THE ISSUE OF MERGER IN DEFENDANT'S PCR. POINT II A-1819-19 2 [THE] PCR JUDGE ERRED IN FAILING TO MERGE DEFENDANT'S BURGLARY CONVICTION INTO THE FIRST[-]DEGREE AGGRAVATED SEXUAL ASSAULT, [N.J.S.A.] 2C:14-2[(a)](3) CONVICTION. POINT III [THE] PCR JUDGE ERRED IN FAILING TO MERGE DEFENDANT'S THIRD[-]DEGREE POSSESSION OF A WEAPON (KNIFE) FOR AN ...

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Document Size:	49794

268 ARLENE FITZPATRICK YARBROUGH v. TOWNSHIP OF MILLSTONE -- rank: 497

... writs challenging the Township of Millstone Zoning Board of Adjustment's (Board) resolution granting use, height, and bulk variances for construction ... Gaelic). Millstone cross-appeals from that portion of the court's May 4, 2018 order denying its motion for counsel fees pursuant to N.J.S.A. 2A:15-59.1. We have carefully reviewed the ... legal principles, and we affirm the orders challenged on plaintiff's appeal and Millstone's cross-appeal. I. On January 7, 2015, Millstone accepted Gaelic's bid and awarded Gaelic a lease for municipal property ...

docket:	a4690-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-01
status:	Unpublished
citation:
Document Size:	52206

269 LAWRENCE DENIKE, et al. v. MICHAEL CUPO -- rank: 497

... plaintiff and defendant soured, and plaintiff sought to buyout defendant's 50% interest in the company. After the parties could not ... plaintiff. Although on appeal the parties challenge the trial court's valuation of defendant's interest and its calculation of appropriate adjustments and credits, the ... an alleged appearance of impropriety created by the trial court's actions towards the end of the litigation. Indeed, defendant claims ... entry of the final judgment, the trial judge and plaintiff's counsel began negotiations for the judge's post-retirement association with counsel's firm, which occurred ...

docket:	a4135-05
court:	njappellate
decided:	0000-00-00
status:	published
citation:	394 N.J. Super. 357
Document Size:	100558

270 LEVINE, STALLER, SKLAR CHAN BROWN & DONNELLY P.A. v. CITY OF ATLANTIC CITY -- rank: 497

... of Atlantic City (the City) appeals from the Law Division's June 11, 2012 award of $629,307.98 in legal ... agreement was ever signed. Our decision effectively reinstates the Firm's complaint in its entirety. As we discuss below, certain other ... also reversed by this decision. These include the trial court's dismissal of the City's counterclaim alleging that state and local laws were violated by ... thus reinstated. The Law Division judge also dismissed the City's third party complaint against the former Chief of Police, John ... from the denial of its motion to dismiss the Firm's complaint because it failed to join two indispensable parties, ...

docket:	a0725-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-21
status:	unpublished
citation:
Document Size:	95630