Search Rutgers Law Library N.J. Court Opinions

196 STATE OF NEW JERSEY v. SOLOMON R. WILBORN -- rank: 680

... judgment of conviction entered January 28, 2014. Having considered defendant's contentions in light of the record and applicable law, we ... Dustin Wilborn (Dustin) with: first-degree armed robbery, N.J.S.A. 2C:15-1(a)(1) (count one); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count two); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7) (count three); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count four); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count five); second-degree ...

docket:	a4317-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	unpublished
citation:
Document Size:	77509

197 STATE OF NEW JERSEY v. IVAN FIGUEROA -- rank: 680

... requirements of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from his judgment ... parties' arguments, and the guiding legal principles, we affirm defendant's convictions and sentence, and remand for the limited purpose of ... December 21, 2007 incident at the second-floor apartment defendant's former girlfriend, D.P., shared with her mother, X.D.; brother, O.P.; and another tenant, J.P.S. 1 On May 13, 2008, a grand jury returned an ... with the following seven offenses: second-degree burglary, N.J.S.A. 2C:18-2; third-degree 1 We employ initials ... assault with a deadly weapon of D.P., N.J.S.A. 2C:12-1(b)(2); third-degree aggravated ...

docket:	a2589-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-06
status:	Unpublished
citation:
Document Size:	83549

198 IMO Alleged Violations of Valley Road Sewerage Company et als. -- rank: 680

... Until his death in 1996, Richard Schindelar was Valley Road's chairman of the board of directors, president, and sole shareholder ... with financial, managerial, and environmental problems. Most of the company's extensive environmental violations have arisen from its failure to correct ... of the company because he was “dissatisfied” with the operator's performance, and never hired the independent contractor to remedy the ... hearing on the proposed rate increase, eighteen of Valley Road's customers spoke in opposition to the increase, as did a ... increase, citing its egregious mismanagement. The BPU adopted the ALJ's Initial Decision recommending denial of the rate increase. Like the ALJ, the BPU concluded that Valley Road's management was so incompetent that it could not be ...

docket:	a-76-97
court:	njsupreme
decided:	1998-06-12
status:
citation:	154 N.J. 224
Document Size:	77309

199 STATE OF NEW JERSEY v. SHERIN MAKAR -- rank: 677

... CURIAM Defendant Sherin G. Makar appeals from the trial court's February 14, 2011, order denying, without an evidentiary hearing, his ... counsel with respect to his immigration status. Having considered defendant's arguments in light of the facts and applicable law, we ... 2007, defendant pleaded guilty to third-degree burglary, N.J.S.A. 2C:18-2, and fourth-degree criminal mischief, N.J.S.A. 2C:17-3, as charged in one Somerset County ... mischief, and one count of third-degree theft, N.J.S.A. 2C:20-3, as charged in another Somerset indictment ... County, and another sentence imposed in Bergen County. In defendant's written plea agreement, entered May 2, 2007, the "yes" ...

docket:	a6283-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-24
status:	unpublished
citation:
Document Size:	26589

200 A-0STATE OF NEW JERSEY v. DAVID J. PECK May 15 2015 -- rank: 673

... charged with third-degree distribution of a CDS, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5 ... distribute within 500 feet of a school zone, N.J.S.A. 2C:35-7.1, and third-degree conspiracy to distribute CDS, N.J.S.A. 2C:5-2 and 2C:35-5(b)(3 ... appeal, defendant raises the following points: POINT I LIEUTENANT RUARK'S TESTIMONY OVERSTEPPED THE BOUNDS OF STATE V. MCLEAN , 205 N ... THE DISTRIBUTION COUNT. (NOT RAISED BELOW) POINT III THE PROSECUTOR'S STATEMENTS IN SUMMATION 1) SUGGESTING THAT PECK WAS RECEIVING A ... IN REJECTING MITIGATING FACTOR ELEVEN. As a preliminary matter, defendant's arguments, with the exception of the sentence argument, are ...

docket:	a1792-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-21
status:	unpublished
citation:
Document Size:	50759

201 STATE OF NEW JERSEY v. ROGER LOUIS -- rank: 673

... PER CURIAM Defendant Roger Louis appeals from the trial court's April 19, 2011, order that denied, after an evidentiary hearing ... counsel with respect to his immigration status. Having considered defendant's arguments in light of the facts and applicable law, we ... guilty to third-degree conspiracy to possess cocaine, N.J.S.A. 2C:5-2; N.J.S.A. 2C:35-10a(1). The charge was amended from third-degree possession as part of defendant's plea agreement. Defendant responded "N/A" to question seventeen of ... 2005, he committed third-degree possession of heroin, N.J.S.A. 2C:35-10a(1). A six-count accusation ...

docket:	a1879-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-17
status:	unpublished
citation:
Document Size:	30096

202 STATE OF NEW JERSEY v. NICHOLAS KIRIAKAKIS -- rank: 673

... him with second degree conspiracy to distribute cocaine, N.J.S.A. 2C:35-5(a)(1) and (b)(1) and N.J.S.A. 2C:5-2, two counts of first degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), second degree ... possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a), second degree possession of a handgun without a permit, N.J.S.A. 2C:39-5(b), and third degree hindering apprehension, N.J.S.A. 2C:29-3(b)(4). Defendant was tried ...

docket:	a4566-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-31
status:	Published
citation:
Document Size:	56274

203 STATE OF NEW JERSEY v. MICHELE L. DIKEN -- rank: 673

... I. Defendant was indicted for first-degree robbery, N.J.S.A. 2C:15-1; second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); second- degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39- -4(a); third-degree theft by unlawful taking, N.J.S.A. 2C:20-3; and fourth-degree illegal possession of a large capacity magazine, N.J.S.A. 2C:39-3(j). He was charged under a ... second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). Defendant's motion to ...

docket:	a2345-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-26
status:	Unpublished
citation:
Document Size:	35812

204 STATE OF NEW JERSEY IN THE INTEREST OF C.P.H -- rank: 673

... juvenile order of disposition has no check-off for Megan's Law notification, but it specifies sex specific treatment. On the date of sentencing, the court's recording equipment did not function. As a result, we do ... the Family Part judge said at that proceeding regarding Megan's Law, or other matters relevant to the current appeal. The ... dispute, however, that the registration and notification requirements of Megan's Law, N.J.S.A. 2C:7-2 to -5, apply to his juvenile ... Registrant J.G. , 169 N.J. 304 , 319 (2001) (Megan's Law applies to juveniles). He contends that he was ...

docket:	a0936-08
court:	superior court appellate division
decided:	2010-07-23
status:	unpublished
citation:
Document Size:	52003

205 STATE OF NEW JERSEY v. KATHRYN TORRES -- rank: 670

... of failure to stop at a stop sign, N.J.S.A. 39:4-144, running a red light, N.J.S.A. 39:4-81, and reckless driving, N.J.S.A. 39:4-96. Based on the municipal court record ... as an amended charge of failure to produce a driver's license, N.J.S.A. 39:3-29. Following sentence, defendant filed a notice ... ON THE MOTOR VEHICLE DRIVING OFFENSES BY VIRTUE OF DEFENDANT'S CONSTITUTIONAL PROTECTION AGAINST DOUBLE JEOPARDY AS WELL AS STATE ...

docket:	a5585-07
court:	superior court appellate division
decided:	2009-08-24
status:	unpublished
citation:
Document Size:	42657

206 STATE OF NEW JERSEY v. GREGORY ASHFORD -- rank: 670

... of conspiracy to commit armed robbery, contrary to N.J.S.A. 2C:5-2 and 2C:15-1; armed robbery, contrary to N.J.S.A. 2C:15-1; unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5b; and possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4a. The jury determined that defendant committed ... meaning of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant was sentenced to ten ... term for unlawful possession of a weapon. We affirmed defendant's conviction but reversed and remanded for resentencing and correction ...

docket:	a0973-08
court:	superior court appellate division
decided:	2010-10-20
status:	unpublished
citation:
Document Size:	47992

207 STATE OF NEW JERSEY v. QUINCY C. BROWN -- rank: 670

... for appellant (William Welaj, Designated Counsel, on the brief). Gurbir S. Grewal, Acting Bergen County Prosecutor, attorney for respondent (Elizabeth R ... conviction relief (PCR) without an evidentiary hearing. Having considered defendant's arguments in light of the record and controlling law, we ... degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) (count one); third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1) (count two); third-degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(a)(1) (count three); and fourth-degree possession of marijuana, N.J.S.A. 2C:35-10(a)(3) (count four). The ...

docket:	a1048-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-08
status:	unpublished
citation:
Document Size:	32333

208 STATE OF NEW JERSEY v. MICHAEL FRYAR -- rank: 666

... defendant Michael Fryar was convicted of armed robbery, N.J.S.A. 2C:15-1 (count one), third- degree aggravated assault, N.J.S.A. 2C:43-7.2, with an eighty-five percent ... assessments. This appeal ensued. Attacking the propriety of the prosecutor's remarks during summation, defendant argues his conviction must be vacated ... instances that he believes evince improper vouching or the prosecutor's interjection of his personal opinion to improperly influence the jury's evaluation of the evidence. A prosecutor's "duty is to prove the State's case based ...

docket:	a4545-07
court:	superior court appellate division
decided:	2010-07-12
status:	unpublished
citation:
Document Size:	49911

209 ASDAL BUILDERS v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 663

... Fiorenzo, attorneys for appellants (Neil Yoskin, on the briefs). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Melissa H. Raksa, Assistant ... of structures located in a floodway. Appellants portray the DEP's enforcement of various flood hazard and freshwater protection rules as ... their historic character while incorporating modern "green" technology. The Commissioner's decision encompassed two matters consolidated by the agency. In the ... case). In the second, the Commissioner denied Builders' and Asdal's request to abate or reduce penalties imposed for environmental regulatory ... property (the penalty case). On appeal, Builders argues the Commissioner's decision in the permit case arbitrarily disregarded findings and conclusions ... of the record and applicable law, we conclude the Commissioner's denial of the nunc pro tunc SEP application was ...

docket:	a2392-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-25
status:	published
citation:	426 N.J. Super. 564 46 A.3d 575
Document Size:	130052

210 STATE OF NEW JERSEY v. RAHEEM CLEVELAND -- rank: 663

... years, subject to the No Early Release Act, N.J.S.A. 2C:43- 7.2. We affirmed his judgment of ... received ineffective assistance of counsel based on his trial counsel's failure to request a mistrial or curative instruction, failure to ... agreed to an evidentiary hearing, but limited to trial counsel's failure to object to lay testimony regarding a gunshot residue ... on defendant. The judge denied an evidentiary hearing on defendant's remaining claims. In a written opinion, the judge rejected all of defendant's claims and denied PCR. This appeal followed. II. We derive ... 1 as they sat on the front porch of Robinson's home on Osbourne Terrace in Newark. After a brief ...

docket:	a3259-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-21
status:	Unpublished
citation:
Document Size:	34190