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286 STATE OF NEW JERSEY v. SHAWN REEVES -- rank: 485

... firearm conviction was invalidated by the United States Supreme Court's decision in N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. ___, 142 S. Ct. 2111 (2022). He also contends multiple errors were committed ... instances of misconduct. A-0921-20 2 The Supreme Court's interpretation of the Second Amendment in Bruen invalidated the 'justifiable need' requirement that had been codified in N.J.S.A. 2C:58-4(d), thus precipitating a significant ...

docket:	a0921-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-06
status:	Unpublished
citation:
Document Size:	47633

287 STATE OF NEW JERSEY v. CHARLES P. MCCOY -- rank: 485

... warrant to search the premises. Defendant, his brother, and defendant's one-year-old child were in the residence when the ... communications while committing or attempting to commit a crime. Defendant's first jury trial on the charges ended in a mistrial ... the indictment: third-degree possession of CDS, marijuana, N.J.S.A. 2C:35-10(a)(3) (count one); fourth-degree possession of CDS, marijuana, N.J.S.A. 2C:35-10(a)(3) (count two); third-degree possession of CDS, MDMA, N.J.S.A. 2C:35-10(a)(1) (count three); third-degree ... possession of CDS, cocaine, with intent to distribute, N.J.S.A. 2C:35-5(b)(3) (count four); third- ...

docket:	a5467-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-04
status:	unpublished
citation:
Document Size:	31977

288 STATE OF NEW JERSEY v. MARTINE J. TAYLOR -- rank: 485

... appeals from his conviction for third-degree arson, N.J.S.A. 2C:17-1b. We affirm. We discern the following ... the residence catch fire after defendant exited the home. Defendant's employer testified that on the day of the fire, defendant ... defendant not guilty of second-degree aggravated arson, N.J.S.A. 2C:17-1a, but guilty of a lesser-included offense of third-degree arson, N.J.S.A. 2C:17-1b. The judge treated defendant as a ... POINT I THE TRIAL COURT ERRED IN GRANTING THE STATE'S REQUEST TO INSTRUCT THE JURY ON THIRD[-]DEGREE ARSON AS A "LESSER[-]INCLUDED OFFENSE" BECAUSE THE STATE'S THEORY OF THE CASE, AND THE TESTIMONY ELICITED FROM ...

docket:	a4745-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	32968

289 STATE OF NEW JERSEY v. KARIM GHODBANE -- rank: 485

... September 13, 2010 conviction for driving while intoxicated, N.J.S.A. 39:4-50. As a second offender, he was sentenced to a two-year driver’s license suspension, forty-eight hours in the Intoxicated Driver Resource ... 2:00 a.m. He saw defendant in the driver's seat of his car, sitting still and "looking straight up with [his] mouth open." The car's engine was running with the headlights on. Defendant was sleeping ... Believing any other testing would be unsafe due to defendant's intoxicated condition, O'Brien then placed defendant under arrest and ... the evidence for you to use or not use. That's up to you. But I would like to introduce ...

docket:	a0875-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-12
status:	unpublished
citation:
Document Size:	32738

290 ROMAN BUDNIK v. STATE OF NEW JERSEY -- rank: 479

... Janice L. Heinold and Mr. Ross, on the brief). Kenneth S. Javerbaum argued the cause for appellant/cross-respondent Roman Budnik ... Kahn Wikstron & Sinins, attorneys; Mr. Javerbaum, on the briefs). Michael S. Raff argued the cause for appellant/cross-respondent Krystyna Budnik ... State of New Jersey (Hardin, Kundla, McKeon & Poletto, attorneys; Mark S. Kundla, of counsel and on the briefs). Margolis Edelstein, attorneys ... Plaintiffs Roman and Krystyna Budnik appeal from the Law Division’s summary judgment dismissal of their personal injury and per quod ... is liable under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, for a dangerous ... State has immunity from the claims of an independent contractor’s employee injured as a result of the hazardous condition ...

docket:	a4133-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-21
status:	unpublished
citation:
Document Size:	63516

291 ROMAN BUDNIK v. STATE OF NEW JERSEY -- rank: 479

... Janice L. Heinold and Mr. Ross, on the brief). Kenneth S. Javerbaum argued the cause for appellant/cross-respondent Roman Budnik ... Kahn Wikstron & Sinins, attorneys; Mr. Javerbaum, on the briefs). Michael S. Raff argued the cause for appellant/cross-respondent Krystyna Budnik ... State of New Jersey (Hardin, Kundla, McKeon & Poletto, attorneys; Mark S. Kundla, of counsel and on the briefs). Margolis Edelstein, attorneys ... Plaintiffs Roman and Krystyna Budnik appeal from the Law Division’s summary judgment dismissal of their personal injury and per quod ... is liable under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, for a dangerous ... State has immunity from the claims of an independent contractor’s employee injured as a result of the hazardous condition ...

docket:	a4629-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-21
status:	unpublished
citation:
Document Size:	63516

292 ROMAN BUDNIK v. STATE OF NEW JERSEY -- rank: 479

... Janice L. Heinold and Mr. Ross, on the brief). Kenneth S. Javerbaum argued the cause for appellant/cross-respondent Roman Budnik ... Kahn Wikstron & Sinins, attorneys; Mr. Javerbaum, on the briefs). Michael S. Raff argued the cause for appellant/cross-respondent Krystyna Budnik ... State of New Jersey (Hardin, Kundla, McKeon & Poletto, attorneys; Mark S. Kundla, of counsel and on the briefs). Margolis Edelstein, attorneys ... Plaintiffs Roman and Krystyna Budnik appeal from the Law Division’s summary judgment dismissal of their personal injury and per quod ... is liable under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, for a dangerous ... State has immunity from the claims of an independent contractor’s employee injured as a result of the hazardous condition ...

docket:	a4430-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-21
status:	unpublished
citation:
Document Size:	63516

293 KAREN COLE v. JERSEY CITY MEDICAL CENTER -- rank: 479

... violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8; defamation; tortious interference with ... in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. Plaintiff named as defendants ... Medical Center. At that point, the trial court granted Liberty's summary judgment motion as to the counts alleging defamation and ... violation of pubic policy. The trial court thereafter granted Liberty's motion to enforce an arbitration clause in plaintiff's employment agreement and dismissed plaintiff's remaining claims against Liberty. Plaintiff now appeals, arguing that ...

docket:	a4914-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-29
status:	published
citation:	425 N.J. Super. 48 39 A.3d 909
Document Size:	44149

294 /usr/local/share/www/libweb/collections/courts/appellate/a4133-08a4430-08a4629-08.opn.html -- rank: 479

... Janice L. Heinold and Mr. Ross, on the brief). Kenneth S. Javerbaum argued the cause for appellant/cross-respondent Roman Budnik ... Kahn Wikstron & Sinins, attorneys; Mr. Javerbaum, on the briefs). Michael S. Raff argued the cause for appellant/cross-respondent Krystyna Budnik ... State of New Jersey (Hardin, Kundla, McKeon & Poletto, attorneys; Mark S. Kundla, of counsel and on the briefs). Margolis Edelstein, attorneys ... Plaintiffs Roman and Krystyna Budnik appeal from the Law Division’s summary judgment dismissal of their personal injury and per quod ... is liable under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, for a dangerous ... State has immunity from the claims of an independent contractor’s employee injured as a result of the hazardous condition ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	63770

295 STATE OF NEW JERSEY v. JULIUS DAVIS -- rank: 476

... Law Division, Mercer County, Indictment No. 06-04-0481. James S. Friedman, LLC, attorneys for appellant (James S. Friedman, of counsel and on the brief). Joseph L. Bocchini ... with first-degree aggravated manslaughter in violation of N.J.S.A. 2C:43-7.2, and a concurrent four-year ... defendant presents the following arguments: POINT I THE TRIAL COURT'S FAILURE TO GRANT DAVIS'[S] MOTION TO ACQUIT AT THE CONCLUSION OF THE STATE'S CASE CONSTITUTES REVERSIBLE ERROR. POINT II THE TRIAL COURT' ...

docket:	a5090-07
court:	superior court appellate division
decided:	2010-08-02
status:	Unpublished
citation:
Document Size:	43955

296 DANIEL RIZZO v. ISLAND MEDICAL MANAGEMENT HOLDINGS, LLC -- rank: 476

... as well as hospitalist and integrated care programs.' Island Medical's main office is located in Hauppauge, New York. Plaintiff was ... to the rules of the American Arbitration Association. The Arbitrator's determination shall be final and binding and not subject to ... of his work responsibilities from his house. However, the company's New York address and a '631' area code are reflected on defendant's business cards and on plaintiff's e-mail signature.1 In November 2015, plaintiff sustained a serious head injury outside of work. Plaintiff's neurologist recommended he remain out of work until mid- ...

docket:	a0554-17
court:	NJ Superior Court Appellate Division
decided:	2018-05-25
status:	unpublished
citation:
Document Size:	41909

297 STATE OF NEW JERSEY v. ANTONIO L. BENDERS -- rank: 476

... appellant (Kevin G. Byrnes, Designated Counsel, on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Brian Uzdavinis, Deputy Attorney ... for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); second-degree certain persons not to possess weapons, N.J.S.A. 2C:39-7(b); and second-degree possession with ... dangerous substance within 500 feet of public property, N.J.S.A. 2C:35-7.1(a) and -5. After consideration ... charges. On April 4, 2011, the trial judge denied defendant's speedy trial motion. The court found that the four months between the completion of defendant's parole violation sentence and the court date did not ...

docket:	a0744-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-28
status:	unpublished
citation:
Document Size:	14251

298 GARDEN STATE CHECK CASHING SERVICE, INC., et al. v. BOARD OF ADJUSTMENT TOWNSHIP OF IRVINGTON -- rank: 476

... vacant storefront at the site. Located at one of Irvington's main intersections, the property is zoned B-1, as a ... restaurants, a post office, tax preparer and bus depot. Defendant's building fronts a main thoroughfare and is fifty feet from ... and the growing demand for such services among the city's small businesses and increasingly large numbers of low-income and ... half hour waits to access plaintiffs' check cashing services. Defendant's location, on the other hand, near public transportation, was considered ... was a municipal parking lot across the street from defendant's building as well as on-site street parking, and even ... enforcement of municipal double parking regulations. Moreover, reports from Irvington's police and fire departments, and the city engineer, voiced ...

docket:	A1615-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-27
status:	unpublished
citation:
Document Size:	63931

299 STATE OF NEW JERSEY v. J.G. -- rank: 476

... when they were less than thirteen years old, N.J.S.A. 2C:14-2(a), (counts 1 and 8); two ... least thirteen but less than sixteen years old, N.J.S.A. 2C:14-2(a), (counts 2 and 9); second ... least sixteen but less than eighteen years old, N.J.S.A. 2C:14-2(c), (count 3); two counts of ... and he was at least four years older, N.J.S.A. 2C:14-2(b), (counts 4 and 10); two ... least thirteen but less than sixteen years old, N.J.S.A. 2C:14-3(a), (counts 5 and 11); fourth ... least sixteen but less than eighteen years old, N.J.S.A. 2C:14-3(b), (count 6); two counts ...

docket:	a2479-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-14
status:	unpublished
citation:
Document Size:	24233

300 STATE OF NEW JERSEY v. ALLEN ESSNER -- rank: 476

... was convicted of first-degree murder, pursuant to N.J.S.A. 2C:11-3, and second-degree possession of a ... AND RESTRAINING ORDER WAS CONFUSING AND INADEQUATE TO PROTECT ESSNER'S RIGHTS. POINT II ESSNER'S CONSTITUTIONAL RIGHTS WERE VIOLATED BECAUSE HE WAS DENIED THE ASSISTANCE ... HIS POST-CONVICTION RELIEF PETITION. (Not Raised Below). In defendant's first point, he argues that the jury charge with respect ... direct appeal. However, even if we were to consider defendant's substantive argument, we would find it to be without merit ... is factually and logically flawed. At the trial, the victim's wife, who was also defendant's paramour, testified that ...

docket:	a3354-06
court:	njappellate
decided:	2009-02-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	32651