Search Rutgers Law Library N.J. Court Opinions

106 /usr/local/share/www/libweb/collections/courts/appellate/a3007-12motionopn.opn.html -- rank: 734

... Krakora, Public Defender, attorney; Ms. Brody, on the brief). Jeffrey S. Mandel argued the cause for appellant Western World, Inc. (Cutolo ... charge third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and 2C:2-6(b ... as to co-defendants Michael Stabile, at the time defendant's president, Nathan McPeak, one of its employees, and Cheyenne Corporation ... not seek a fine, and it set forth the State's recommendations regarding conditions of probation. Lastly, the addendum provided: It ... that defendant, however, was "turned away by the Public Defender's Office." Citing our decision in In re CLM Construction Co ... from an investigator assigned to the vicinage Criminal Division Manager's Office, we gather that Stabile applied on behalf of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	90241

107 State v. James Robinson -- rank: 734

... execute a knock-and-announce warrant to search the defendant's dwelling, including the officers' use of a "flash bang" or ... to the Superior Court for a search warrant for Robinson's apartment. Their affidavit included a detailed description of two illegal ... warrant specified that the place to be searched was Robinson's apartment and the property to be seized included any evidence ... 6:30 a.m., thirteen police officers converged on Robinson's apartment to execute the warrant. The officers knocked and announced ... that a controlled dangerous substance was being sold from Robinson's apartment and therefore the issuance of the warrant was proper ... used this time, his explanation was interrupted by defense counsel's objection. Agreeing that the detective's explanation was "beyond ...

docket:	a-62-08
court:	supreme
decided:	2009-07-22
status:
citation:	200 N.J. 1 974 A.2d 1057
Document Size:	126525

108 State of New Jersey v. Alonzo B. Hill -- rank: 731

... robbery of a Newark commercial establishment. According to the State's theory of the evidence, Hill was a knowing participant in ... was used during the robbery. According to the State, Hill's knowledge of the planned robbery when he transported the perpetrators ... and believed he had moved to Alabama. In the jury's evaluation of the clashing evidence about an element of the crime, Hill's mental state or mens rea , the State received the benefit ... which was delivered by the trial court over the defense's objection. In determining whether the juvenile matter against N.G ... probation. The trial court reviewed the transcript of N.G.'s plea colloquy and then placed on the record that ...

docket:	a-5-08
court:	supreme
decided:	2009-07-14
status:
citation:	199 N.J. 545 974 A.2d 403
Document Size:	146190

109 STATE OF NEW JERSEY v. LENROY LAURANCE -- rank: 731

... Lenroy Laurance was convicted of first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1) (count one); first-degree felony murder during a kidnapping, N.J.S.A. 2C:11-3(a)(3) (count two); first-degree armed robbery, N.J.S.A. 2C:15-1(a)(1) (count three); first-degree felony murder during a robbery, N.J.S.A. 2C:11-3(a)(3) (count four); first-degree carjacking, N.J.S.A. 2C:15-2(a)(4) (count five); first-degree felony murder during a carjacking, N.J.S.A. 2C:11-3(a)(3) (count six); second- ...

docket:	a3696-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-07
status:	unpublished
citation:
Document Size:	94640

110 STATE OF NEW JERSEY v. TIEHEEM YOUNG -- rank: 731

... from his convictions for first-degree armed robbery, N.J.S.A. 2C:15-1 (count one); second-degree unlawful possession of a weapon, in violation of N.J.S.A. 2C:39-5(b) (count two); second-degree possession of a weapon for unlawful purposes, N.J.S.A. 2C:39-4(a) (count three); third-degree aggravated assault, N.J.S.A. 2C:12-1b(2) (count four); and fourth-degree aggravated assault, N.J.S.A. 2C:12-1b(4) (count five). Defendant was sentenced as a persistent offender pursuant to N.J.S.A. 2C:44-3a, and a second-time offender ...

docket:	a1312-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-23
status:	unpublished
citation:
Document Size:	39884

111 TILCON NEW YORK, INC v. MORRIS COUNTY COOPERATIVE -- rank: 731

... b/a Owl Contracting (Owl) appeal from the Law Division's orders granting summary judgment and dismissing their action arising out ... Cooperative Pricing Council (MCCPC), a cooperative pricing system. N.J.S.A. 40A:11-11(5). MCCPC's members include roughly two hundred local governmental entities in and ... and plaintiffs filled, orders that in total, significantly exceeded MCCPC's pre-contract estimates of purchases. MCCPC did not disclose that ... covenant of good faith and fair dealing, and N.J.S.A. 12A:2-306 of the Uniform Commercial Code (UCC ... of those materials delivered to defendants in excess of MCCPC's estimates. Plaintiffs argue defendants acted in bad faith by ...

docket:	a5453-10
court:	NJ Superior Court Appellate Division
decided:	2014-03-05
status:	unpublished
citation:
Document Size:	152112

112 State of New Jersey v. Porfirio Jimenez -- rank: 728

... Police secured two warrants, one authorizing the search of defendant’s residence and the other the taking of DNA samples from defendant. Defendant’s DNA samples matched the semen found in the young boy’s underpants. On June 7, 2001, defendant was arrested and in ... 30, 2001, eight days after the discovery of the victim’s body and eight days before defendant’s arrest, Hughes threatened to kill a woman apparently because she ... to the police. The State expressed the concern that Mann’s prior representation of Hughes precluded her from properly considering ...

docket:	a-115-01
court:	njsupreme
decided:	2003-02-27
status:
citation:	175 N.J. 475
Document Size:	64493

113 STATE OF NEW JERSEY v. LARRY AUSTIN -- rank: 728

... to the first-degree crimes of aggravated manslaughter, N.J.S.A. 2C:11-4(a), and two counts of armed robbery, N.J.S.A. 2C:15-1, for which he was sentenced to ... required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant additionally challenges the imposed ... consent, and because the imposition of consecutive sentences for defendant's convictions were properly supported by the trial judge's findings, we affirm. These facts are taken from the suppression ... way of a warrantless search. The trial judge denied defendant's motion in a written opinion, and on September 9, ...

docket:	a5132-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-25
status:	unpublished
citation:
Document Size:	29989

114 STATE OF NEW JERSEY v. PHILLIP PARSONS, -- rank: 724

... motion to withdraw a guilty plea based upon the State's concealment of exculpatory evidence. We hold that the court should ... there is a reasonable probability that but for the State's failure to disclose, the defendant would not have pled guilty ... we conclude that the Law Division erred by denying defendant's motion to retract. I.     We need not recount the facts ... and arrested both Parsons and Carmen. A search of Carmen's clothing revealed marijuana and a set of keys. While waiting ... Parsons filed a motion seeking the release of Detective Marshall's personnel records. In his documentary submissions accompanying the motion, Parsons ... then moved to withdraw his guilty plea, citing the State's discovery violation. In his accompanying affidavit, Parsons' attorney represented ...

docket:	a3292-99
court:	njappellate
decided:	2001-06-26
status:	published
citation:	341 N.J. Super. 448
Document Size:	26216

115 State v. Richard A. Barone -- rank: 724

... Barone coerced her into stealing over $40,000 from Harrah's and Golden Nugget casinos, where she worked as a cage ... casino thefts. As a result of the state indictment, Barone's enrollment in the Federal Witness Protection Program was barred. Barone ... federal government had breached the plea agreement by disclosing defendant's proffered testimony to New Jersey authorities.          Thereafter, Barone filed a ... hearing on the matter and disagreed with the federal court's conclusion that Barone had disclosed his involvement in the casino ... any deference. Moreover, the trial court concluded that the State's evidence was obtained from sources and by means entirely independent of Barone's alleged disclosure of the casino thefts during the proffer ...

docket:	a-43-96
court:	njsupreme
decided:	1997-03-10
status:
citation:	147 N.J. 599
Document Size:	54944

116 State v. Kyle A. Smart -- rank: 724

... Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... 48 (2015), permitted the warrantless search of defendant Kyle Smart’s vehicle after an investigative stop. In particular, the Court considers ... the information from the CI and the concerned citizen, Taranto’s investigation, and the surveillance by Taranto and Sutter, Officers Taranto ... “alone satisfies the automobile exception to the Fourth Amendment’s warrant requirement.” Maryland v. Dyson, 527 U.S. 465, 467 (1999). The federal automobile exception thus does ...

docket:	a-6-22
court:	NJ Superior Court Appellate Division
decided:	2023-03-08
status:
citation:
Document Size:	53494

117 STATE OF NEW JERSEY, V. ENOC PIMENTEL -- rank: 721

... Dominguez, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Valeria Dominguez, of counsel and on ... other things, the fourth-degree criminal offense under N.J.S.A. 2C:40-26, which prohibits driving with a license ... Defendant moved to dismiss the indictment, arguing that N.J.S.A. 2C:40- 26 is invalid under the United States ... term. The trial court rejected these constitutional challenges and defendant's interpretation of the statute. For the reasons that follow, we ... with the trial court and likewise conclude that N.J.S.A. 2C:40-26 does not violate the constitutional principles invoked by defendant. We also reject defendant's interpretation of the statute, as it is contrary to ...

docket:	a2814-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-22
status:	Published
citation:
Document Size:	56489

118 STATE OF NEW JERSEY v. DANIEL TWIAN BROWN -- rank: 721

... follows: Count one, third-degree theft, contrary to N.J.S.A. 2C:2-6 and N.J.S.A. 2C:2-6 and N.J.S.A. 2C:2-6 and N.J.S.A. 2C:2-6, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:2-6 and N.J.S.A. ...

docket:	a2851-06
court:	NJ Superior Court Appellate Division
decided:	2009-08-07
status:	unpublished
citation:
Document Size:	99870

119 280 ERIE STREET, LLC 212 V. CITY OF JERSEY CITY -- rank: 721

... AVENUE, LLC; 354 COLE STREET, LLC; 389 MONMOUTH STREET, LLC; 415 BRUNSWICK STREET, LLC; AND 446 NEWARK AVENUE, LLC, Plaintiffs-Appellants ... STREET, LLC; 354 COLE STREET, LLC; 389 MONMOUTH STREET, LLC; 415 BRUNSWICK STREET, LLC; AND 446 NEWARK AVENUE, LLC, Plaintiffs-Appellants ... In A-4421-15, plaintiffs appeal from the Law Division's May 5, 2016 order that entered judgment in favor of ... plaintiffs' complaint in lieu of prerogative writs challenging the City's adoption of Ordinance 15.125, which authorized the City to ... In A-0195-16, plaintiffs' appeal from the Law Division's August 17, 2016 order that entered judgment in favor of ... OFA) to the Surface Transportation Board (STB) pursuant to 49 U.S.C. § 10904, to obtain STB's approval ...

docket:	a4421-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-24
status:
citation:
Document Size:	45573

120 In the Matter of HUNTERDON COUNTY -- rank: 721

... the New Jersey Employer-Employee Relations Act (EERA), N.J.S.A. 34:13A-1 to -5.9, entitling majority union ... but a union could not obtain fees without the employer's agreement. N.J.S.A. 34:13A-5.5 and -5.6. In this ... the majority representative of a negotiations unit of Hunterdon County's (County) non-supervisory employees, filed with the Public Employment Relations ... labor disputes in the public and private sectors. N.J.S.A. 34:13A-2. As originally enacted, EERA authorized public ... the bargaining unit, regardless of union membership status. N.J.S.A. 34:13A-5.3. Thus, the right of ...

docket:	A1869-02
court:	NJ Superior Court Appellate Division
decided:	2004-06-01
status:	published
citation:	369 N.J. Super. 572 850 A.2d 494
Document Size:	47997