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391 STATE OF NEW JERSEY v. NELSON GARCIA -- rank: 456

... May 16, 2011 judgment of conviction of robbery, N.J.S.A. 2C:15-1, and hindering his own apprehension by giving false information to the police, N.J.S.A. 2C:29-3(b)(4). Because of errors in ... armed robbery (count one), fourth-degree criminal mischief, N.J.S.A. 2C:17-3(a)(1) (count two) and third ... not testify or present any witnesses at trial. The State's witnesses presented the following facts. Henry Melendez was working as ... over the floor. Defendant then got up and grabbed Melendez's arms, trying to push through him, causing Melendez pain. Eventually ... a false name. Defendant was sentenced pursuant to N.J.S.A. 2C:44-3 to a discretionary extended term ...

docket:	a0509-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-19
status:	unpublished
citation:
Document Size:	28145

392 JULIO NAVARETTE v. TOWN OF DOVER et al. -- rank: 453

... 30, 2006 - Decided August 8, 2006 Before Judges Fall, C.S. Fisher and Yannotti. On appeal from the Superior Court of ... govern. [ Id. at 549-50.] The Court further concluded that "[u]nder the common law in New Jersey there is no ... by the enactment of the Tort Claims Act, N.J.S.A. 59:1-1 to 14-4[.]" Id. at 402 ... not contained in the Act can prevail over the Act's liability provisions." Id. at 409 (emphasis in original). In refusing ... a non-beneficiary pedestrian for injuries caused by the school's failure to remove snow and ice from an abutting sidewalk ... found that a parochial school came within the commercial landowner's category established in Stewart for purposes of liability for ...

docket:	a6327-04
court:	njappellate
decided:	2006-08-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	62024

393 STATE OF NEW JERSEY v. ERIC S. MILES -- rank: 453

... 03T45122-03T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ERIC S. MILES, Defendant-Appellant. ________________________________________________________________ Submitted May 31, 2007 - Decided June 27 ... of counsel and on the brief). PER CURIAM Defendant Eric S. Miles was charged by the Camden County grand jury in ... of second-degree sexual assault, in violation of N.J.S.A. 2C:44-3a. Defendant pled guilty to one count ... matter returned for trial. State v. Barboza , 115 N.J. 415 , 427 (1985). 385 N.J. Super. 129, 137 (App. Div ... that there was a sufficient factual basis to accept defendant's guilty plea. At the beginning of the plea proceedings, the ... of imprisonment as a persistent offender, pursuant to N.J.S.A. 2C:44-3a, and 2) waived the requirement ...

docket:	a5122-03
court:	njappellate
decided:	2007-06-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35993

394 /usr/local/share/www/libweb/collections/courts/supreme/a1446-15.opn.html -- rank: 453

... the ground, hitting his head. Defendant went through the victim's pockets and took his money and phone. Winters and defendant ... night, and defendant offered the witness drugs and the victim's phone. The victim later died from his injuries. Sergeant Gabriel ... separately. After six days of trial, the judge granted defendant's motion for judgment of acquittal on the murder charge, but ... MUST BE ACQUITTED. (NOT RAISED BELOW) A. The Trial Court's Failure to Identify the Theft Upon Which the Conspiracy Charge ... A REMAND AS THE TRIAL COURT RELIED PRIMARILY ON DEFENDANT'S PAST CRIMINAL HISTORY IN IMPOSING A DISCRETIONARY EXTENDED TERM AT ... supplemental brief, raising the following issue: COUNT TWO OF APPELLANT'S INDICTMENT WAS CONSTRUCTIVELY AMENDED AT TRIAL IN VIOLATION OF ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	24136

395 ALFRED LAWSON v. OFFICER JEFF DEWAR -- rank: 453

... the COVID-19 pandemic, have rendered illusory the Somerset judge's concern nearly a year ago about the delay additional discovery ... an amendment to the complaint would have caused if plaintiff's motion were granted. Once the case landed in Middlesex County ... February 19, 2021 order and remand for the trial judge's further consideration of plaintiff's motion. A-2443-20 4 In his oral decision, the ... said, compelled him to refuse reconsideration of the Somerset judge's earlier order: • he was 'being asked to reconsider the ... prior ruling was clearly erroneous,' citing State v. K.P.S., 221 N.J. 266, 276 (2015), and Lombardi v. ...

docket:	a2443-20
court:	NJ Superior Court Appellate Division
decided:	2021-05-27
status:	Published
citation:
Document Size:	24134

396 STATE OF NEW JERSEY v. EUGENE F. BRADY, JR., -- rank: 449

... The motion judge dismissed the indictment, holding that N.J.S.A. 2C:24-4b was unconstitutionally vague as applied to ... she may act in conformity therewith. Kolender v. Lawson , 461 U.S. 352 , 358, 103 S.Ct. 1855 , 1859, 75 L.Ed.2d 903 , 910 (1983 ... Super. 553 , 563 (App. Div. 1985)(quoting Smith v. Goguen , 415 U.S. 566 , 575, 94 S.Ct. 1242 , 1248, 39 ...

docket:	a1398-99
court:	njappellate
decided:	2000-06-30
status:	published
citation:	<a href=
Document Size:	13101

397 State v. Saul Molina -- rank: 442

... vehicular accident. A second issue is whether the trial court's failure to include a statement of reasons for imposing consecutive ... swerved onto oncoming traffic on Route 54 near Hammonton. Molina's vehicle first hit one vehicle, causing it to roll over ... and passenger of that vehicle suffered only minor injuries. Molina's vehicle then collided with a second vehicle driven by George ... concurrent.     In an unpublished opinion, the Appellate Division affirmed Molina's convictions. Although acknowledging the trial court's failure to “explicate” its reasons for imposing consecutive terms, the ... is the presence of multiple-victims. Consistent with this Court's holding in the companion case of State v. Carey , ...

docket:	a-123-99
court:	njsupreme
decided:	2001-07-09
status:
citation:	168 N.J. 436
Document Size:	25224

398 Gary Potenzone v. Annin Flag Company, et als. -- rank: 442

... 1 million. Annin Flag also sought coverage from Apollo Flag’s business automobile insurance policy issued by Pennsylvania National Mutual Casualty ... had a duty to defend and indemnify it against Potenzone’s lawsuit. Penn National filed an answer denying that it owed ... limit of $500,000. The trial court granted Annin Flag’s motion for summary judgment and required Penn National to provide ... minimum of $15,000.     The Supreme Court granted Annin Flag’s petition for certification. HELD: Based on long-standing case law ... loading and unloading activities, that exclusion in the Penn National’s policy is treated as if it were not part of ... a loading and unloading accident is void. Thus, Penn National’s insurance policy should be read as if that clause ...

docket:	a-54-06
court:	njsupreme
decided:	2007-06-06
status:
citation:	191 N.J. 147
Document Size:	29366

399 TEODORO LOPEZ v. PALIN ENTERPRISES -- rank: 422

... from an order requiring it to indemnify Palin for Palin's negligence. Wausau appeals 1 Palin improperly identified Wausau in its ... no obligation under the lease to indemnify Palin for Palin's negligence, which Agile asserts the lease specifically precluded. Agile contends ... excess insurance over the primary insurance policy issued by Palin's insurer, Greater New York Mutual Insurance Company (the Greater New ... insurance policies. We owe no special deference to the judge's conclusions on issues of law. Manalapan Realty, LP v. Twp ... A-0886-17T4 3 I. We begin by addressing Agile's limited contractual obligation under the lease. The lease required Agile to indemnify Palin, but not for Palin's own negligence. Section 12.01 of the lease provides ...

docket:	a0886-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-05
status:	Unpublished
citation:
Document Size:	19919

400 JOSEPH JOHNSON v. CITY OF HOBOKEN -- rank: 412

... in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50 (the LAD Action). Hoboken ... identifiers of plaintiffs, including their Social Security numbers and driver's license numbers. Some documents also included plaintiffs' dates of birth ... motion and its supporting documents were filed in the court's electronic filing system (eCourts). On July 14, 2021, twenty-eight ... 7. Plaintiffs also contended that defendants had violated one plaintiff's right of privacy by including records of that plaintiff's arrest and criminal charges. Plaintiffs asserted that the charges related ... Ibid. (quoting J.D. ex rel. Scipio-Derrick v. Davy, 415 N.J. Super. 375, 397 (App. Div. 2010)). C. ...

docket:	a1596-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-25
status:	Unpublished
citation:
Document Size:	26838