Search Rutgers Law Library N.J. Court Opinions

256 /usr/local/share/www/libweb/collections/courts/appellate/a1236-18.opn.html -- rank: 614

... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for the aggravated assault of ... to NERA, for the aggravated assault of A.M. Defendant’s conviction and sentences were affirmed on direct appeal. State v ... initials to protect their privacy. 2 As noted infra, defendant's petition was later supplemented by assigned PCR counsel. A-1236 ... 17, the PCR judge, who did not preside over defendant's trial, issued an order and twelve-page written decision dismissing ... under the two - prong test of Strickland v. Washington, 466 U.S. 668, 687, 694 (1984) and State v. Fritz, 105 ...

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257 STATE OF NEW JERSEY v. FELIPE J. RIVERA -- rank: 614

... possession of a controlled dangerous substance (CDS), heroin, N.J.S.A. 2C:35-10(a)(1), and his sentence of ... of CDS, heroin, with the intent to distribute. N.J.S.A. 2C:35-5(a)(1), 5(b)(3). 1 ... his summation; and his sentence was excessive. Having reviewed defendant's arguments in light of the record and applicable law, we ... the Internet," that a federal civil rights action under 42 U.S.C.A. § 1983 had been filed naming the four ... was related to their layoff. In response to the State's objection, Judge Salem Vincent Ahto ruled that defense counsel ...

docket:	a4207-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-23
status:	unpublished
citation:
Document Size:	41396

258 CITY OF LONG BRANCH v. LOUIS THOMAS ANZALONE -- rank: 614

... GREGORY P. BROWER, 2 ANTONE and ANNE DE FARIA, MARCELLO S. and ELAINA G. GRUBERG, ALEXANDER FREIDMAN, LEE HOAGLAND and DENISE ... appointing condemnation commissioners. The City found, pursuant to N.J.S.A. 40A:12A-5(a), (c), (d) and (e), that ... erred by (1) finding substantial evidence to support the City's findings that the area was in need of redevelopment, (2 ... failing to find that conflicts of interest invalidated the City's findings, (5) failing to dismiss the condemnation complaints because the ... trial court decided these cases prior to the Supreme Court's decision in Gallenthin Realty Development, Inc. v. Borough of Paulsboro ... of redevelopment. Gallenthin involved only a finding under N.J.S.A. 40A:12A-5(e), but in our view ...

docket:	a0654-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-07
status:	unpublished
citation:
Document Size:	157411

259 CITY OF LONG BRANCH v. LOUIS THOMAS ANZALONE -- rank: 614

... GREGORY P. BROWER, 2 ANTONE and ANNE DE FARIA, MARCELLO S. and ELAINA G. GRUBERG, ALEXANDER FREIDMAN, LEE HOAGLAND and DENISE ... appointing condemnation commissioners. The City found, pursuant to N.J.S.A. 40A:12A-5(a), (c), (d) and (e), that ... erred by (1) finding substantial evidence to support the City's findings that the area was in need of redevelopment, (2 ... failing to find that conflicts of interest invalidated the City's findings, (5) failing to dismiss the condemnation complaints because the ... trial court decided these cases prior to the Supreme Court's decision in Gallenthin Realty Development, Inc. v. Borough of Paulsboro ... of redevelopment. Gallenthin involved only a finding under N.J.S.A. 40A:12A-5(e), but in our view ...

docket:	a0191-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-07
status:	unpublished
citation:
Document Size:	157369

260 CITY OF LONG BRANCH v. LOUIS THOMAS ANZALONE -- rank: 614

... GREGORY P. BROWER, 2 ANTONE and ANNE DE FARIA, MARCELLO S. and ELAINA G. GRUBERG, ALEXANDER FREIDMAN, LEE HOAGLAND and DENISE ... appointing condemnation commissioners. The City found, pursuant to N.J.S.A. 40A:12A-5(a), (c), (d) and (e), that ... erred by (1) finding substantial evidence to support the City's findings that the area was in need of redevelopment, (2 ... failing to find that conflicts of interest invalidated the City's findings, (5) failing to dismiss the condemnation complaints because the ... trial court decided these cases prior to the Supreme Court's decision in Gallenthin Realty Development, Inc. v. Borough of Paulsboro ... of redevelopment. Gallenthin involved only a finding under N.J.S.A. 40A:12A-5(e), but in our view ...

docket:	a0067-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-07
status:	unpublished
citation:
Document Size:	157370

261 CITY OF LONG BRANCH v. JOYCE MELLILO -- rank: 614

... GREGORY P. BROWER, 2 ANTONE and ANNE DE FARIA, MARCELLO S. and ELAINA G. GRUBERG, ALEXANDER FREIDMAN, LEE HOAGLAND and DENISE ... appointing condemnation commissioners. The City found, pursuant to N.J.S.A. 40A:12A-5(a), (c), (d) and (e), that ... erred by (1) finding substantial evidence to support the City's findings that the area was in need of redevelopment, (2 ... failing to find that conflicts of interest invalidated the City's findings, (5) failing to dismiss the condemnation complaints because the ... trial court decided these cases prior to the Supreme Court's decision in Gallenthin Realty Development, Inc. v. Borough of Paulsboro ... of redevelopment. Gallenthin involved only a finding under N.J.S.A. 40A:12A-5(e), but in our view ...

docket:	a0195-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-07
status:	unpublished
citation:
Document Size:	158230

262 STATE OF NEW JERSEY v. LUQMAN ABDULLAH -- rank: 614

... a local drug dealer revealed the identities of the dealer's drug suppliers — one was Abdul Hassan. Defendant was observed at Hassan's residence. Further investigation disclosed defendant frequented several homes; he was often at his girlfriend's residence in Newark, his mother's home in Elizabeth and at his own residence in Sayreville ... his name. A-5547-16T1 2 Tracking devices on defendant's vehicles showed him frequently at an apartment building located on ... the electric bills for the entire complex showed apartment D2's bill was 'unusually low,' roughly ten dollars a month. ...

docket:	a5547-16
court:	NJ Superior Court Appellate Division
decided:	2019-10-18
status:	Unpublished
citation:
Document Size:	71280

263 STATE OF NEW JERSEY v. ISMAEL BINBOW -- rank: 610

... appeal: POINT I THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR A NEW TRIAL BASED ON THE STATE'S FAILURE TO REVEAL THAT LIEUTENANT MINOVICH AND SERGEANT COSTA WERE ... THE SUBJECT OF AN INVESTIGATION BY THE ESSEX COUNTY PROSECUTOR'S OFFICE INTO WHETHER OR NOT THEY HAD BEATEN A PRISONER ... INVESTIGATION. POINT II THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR A MISTRIAL AFTER THE STATE ELICITED TESTIMONY FROM ... POINT III THE TRIAL COURT ERRED IN PERMITTING THE STATE'S EXPERT TO OFFER FACTS NOT IN EVIDENCE IRRELEVANT TO THE ... TO OFFER ANY OPINION ON THE ULTIMATE ISSUE OF DEFENDANT'S GUILT AND TO BASE HIS OPINION ON FACTS NOT ...

docket:	a2804-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-07
status:	unpublished
citation:
Document Size:	58383

264 STATE OF NEW JERSEY v. JOSE RODRIGUEZ -- rank: 610

... of 3 AND 4, AND CONSTITUTED PLAIN ERROR, WHERE DEFENDANT'S IDENTITY AS THE PERSON WHO DROVE THE ACURA ON OCTOBER 23, 2005, WAS THE KEY ISSUE ON THOSE COUNTS. U.S. CONST. AMEND. XIV; N.J. CONST. (1947), ART. I, PARA ... IMPERMISSIBLY SUGGESTIVE (Not Raised Below). POINT III THE TRIAL COURT'S ADMISSION OF TESTIMONIAL HEARSAY, FROM NAMED AND UNNAMED NON-TESTIFYING ... E. 802 (Not Raised Below). POINT IV THE TRIAL COURT'S DELIVERY OF TWO JURY CHARGES WHICH RELIEVED THE PROSECUTION OF ... ELEMENT OF COUNTS ONE, THREE AND FOUR, INCLUDING JOSE RODRIGUEZ'S IDENTITY AS THE DRIVER OF THE ACURA, BEYOND A ...

docket:	a0811-07
court:
decided:	2009-06-12
status:	Unpublished
citation:
Document Size:	61499

265 STATE OF NEW JERSEY v. RASUAN WILSON -- rank: 610

... ONE OF THE KEY POLICE WITNESSES COUPLED WITH THE PROSECUTOR'S IMPROPER BOLSTERING OF BOTH POLICE OFFICERS' TESTIMONY, DEPRIVED DEFENDANT OF ... his Bias and Motive to Testify Falsely. B. The Prosecutor's Exhortation That the Police Witnesses Were Credible Because Their Jobs ... Raised Below) POINT II BECAUSE THE TRIAL COURT CONSIDERED DEFENDANT'S PRIOR ARRESTS AND DISMISSED JUVENILE PETITIONS IN WEIGHING AGGRAVATING FACTORS ... for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); fourth-degree possession of a ... a firearm while committing a CDS distribution offense, N.J.S.A. 2C:39-4.1; two counts of third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1); two counts of ...

docket:	a0940-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-14
status:	Unpublished
citation:
Document Size:	30811

266 STATE OF NEW JERSEY v. DARRELL J. BLOUNT -- rank: 607

... appellant (Steven M. Gilson, Designated Counsel, on the brief). Gurbir S. Grewal, Attorney General, attorney for respondent (Sarah E. Ross, Deputy ... imprisonment without parole under the 'Three Strikes Law,' N.J.S.A. 2C:43-7.1(a). State v. Blount, No ... prosecutorial misconduct in summation required reversal — and affirmed defendant's conviction. Id. at 2-3. The Supreme Court denied defendant's petition for certification. 222 N.J. 18 (2015). Defendant's pro se petition for post-conviction relief (PCR) alleged the ... a comprehensive written opinion. This appeal followed. We place defendant's arguments in context by relying upon our prior opinion' ...

docket:	a1317-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-23
status:	unpublished
citation:
Document Size:	44456

267 C&F, INC., t/a THE CHECK STORE v. EAST COAST TRUCK PARTS & SALES INC and JAZMIN ECHANDY -- rank: 607

... Michael and Alan Kane, have sole responsibility for the company's bookkeeping and financial operations. Company checks and business records are maintained in a drawer in Michael's desk. In August 2007, East Coast hired Jazmin Echandy to serve as the company's receptionist, replacing Sandra Araujo, who left the company several weeks ... Echandy and Araujo, as their employment did not overlap. Echandy's job responsibilities as a receptionist did not include bookkeeping or accounting or involve any of the company's financial affairs. Moreover, she was not allowed access to the company's checks, and was not provided a key to the ...

docket:	a5534-08
court:	superior court appellate division
decided:	2010-07-23
status:	unpublished
citation:
Document Size:	57976

268 State of New Jersey v. Calvin Lee -- rank: 604

... discovery must be relevant. (pp. 16-17) 5. The State’s attenuation argument is not yet ripe. Unless Lee develops through ... LaVECCHIA, ALBIN, RIVERA-SOTO and HOENS join in JUSTICE WALLACE’s opinion. SUPREME COURT OF NEW JERSEY A- 34 September Term ... obtained after the stop would not be excluded because defendant’s assault on the officer purged the taint of the initial ... the car. Defendant then tried to exit through the driver’s side door, once again reaching for the area between the ... stop was the product of racial profiling. After receiving defendant’s motion for discovery, the State referred defendant to an Administrative ... for discovery with the court.     Pursuant to the Supreme Court’s Administrative Order dated January 31, 2000, Judge Barisonek was ...

docket:	a-34-06
court:	njsupreme
decided:	2007-04-19
status:
citation:	*CITE_PENDING*
Document Size:	40005

269 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.C. -- rank: 604

... Thompson, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Jason W. Rockwell, Assistant Attorney General ... from the home because she was fearful for her family's safety, including her two younger sons. J.C. also stated ... him several times. Kanaley testified K.P. corroborated A.C.'s description of the altercation, and he observed K.P.'s injuries. Kanaley stated A.C. was charged with simple assault as a result of K.P.'s description of the events, as well as his visible injuries, and A.C.'s admissions. 5 A-0420-16T2 The Division conducted an ...

docket:	a0420-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-01
status:	unpublished
citation:
Document Size:	79242

270 CURTIS J. CHIUMENTO v. CAMDEN COUNTY SHERIFF'S DEPARTMENT -- rank: 604

... J. CHIUMENTO, Petitioner-Respondent/Cross-Appellant, v. CAMDEN COUNTY SHERIFF'S DEPARTMENT, Respondent-Appellant/Cross-Respondent. ____________________________________________ Argued April 3, 2006 - Decided ... This is a workers' compensation action. Respondent, Camden County Sheriff's Department, appeals from the order of judgment entered in the ... any "permanent disability." We reverse. Petitioner, a Camden County Sheriff's Officer, assigned to transport prisoners, filed three claim petitions on ... as follows. Petitioner was employed by respondent as a sheriff's officer, from 1980 until his retirement on October 1, 2001 ... the right rotator cuff while lifting weights. In 1999, petitioner's weekly wages were approximately $1,091.00. Prior to commencing ... when [he] grabs and lifts things." (emphasis added). Dr. Decker's notes were devoid of any indication that the injury ...

docket:	A0613-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-31
status:	unpublished
citation:
Document Size:	80478