Search Rutgers Law Library N.J. Court Opinions

106 STATE OF NEW JERSEY v. ISAAC D. CANDELARIO -- rank: 577

... of two counts of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2), (b)(7) (counts one ... of a weapon for an unlawful purpose (knife), N.J.S.A. 2C:39-5(d) (count two); and two counts ... second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (counts four and seven). The ... sentence, and assessed applicable fines and penalties. On appeal, defendant's challenges focus on the expert evidence. First, after conducting a pre-trial Rule 104 hearing, the judge denied defendant's request to admit deposition testimony from his expert witness, who ... unable to travel cross-country. Second, defendant asserts the State's expert was erroneously permitted to utilize prejudicial demonstrative evidence ...

docket:	a2491-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-23
status:	unpublished
citation:
Document Size:	51726

107 LINDA D. DODD v. UNI-MART, INC. -- rank: 577

... the existence of minimum contacts." Plaintiffs appeal, claiming Uni-Mart's commercial activities as a gas station serving numerous New Jersey ... is a question of law. Mastondrea v. Occidental Hotels Mgmt. S.A. , 391 N.J. Super. 261 , 268 (App. Div. 2007 ... and substantial justice.'" Int'l Shoe Co. v. Washington , 326 U.S. 310 , 316, 66 S. Ct. 154 , 158, 90 L. Ed. 95 , 102 (1945) (quoting Milliken v. Meyer , 311 U.S. 457 , 463, 61 S. Ct. 339 , 343, 85 ...

docket:	a1053-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	21688

108 STATE OF NEW JERSEY v. WILLIAM BOSTON -- rank: 577

... PER CURIAM Defendant William Boston and his co-defendant Thomas S. Nevius were indicted and charged with first-degree murder, N.J.S.A. 2C:11-3a(1)-(2); 1 first-degree felony murder, N.J.S.A. 2C:11-3a(3); second-degree burglary, N.J.S.A. 2C:18-2; third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d; second-degree conspiracy to commit murder, N.J.S.A. 2C:11-3a(1)-(2) and N.J. ...

docket:	a4129-07
court:	NJ Superior Court Appellate Division
decided:	2012-08-21
status:	unpublished
citation:
Document Size:	77527

109 STATE OF NEW JERSEY v. RAHEEM BATTLES, a/k/a RAHEEM L BATTLES -- rank: 567

... B. 1 drove his white pick-up truck to McDonald's restaurant in West Orange. Defendant, wielding a gun, approached the passenger side of J.B.'s vehicle. Defendant was using a cap gun, but J.B ... appeared" to be a "black semiautomatic handgun on the driver's side floor area." Alston also recovered a black ski mask from defendant's pants' pocket. After defendant left J.B. at McDonald's, J.B. ran to police headquarters and informed an officer ... charged with first-degree carjacking, in violation of N.J.S.A. 2C:15-2 and third-degree theft, in ...

docket:	a1673-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	31173

110 /usr/local/share/www/libweb/collections/courts/appellate/a4916-15.opn.html -- rank: 558

... the cause for 1 We use initials to preserve defendant's anonymity because he was a confidential informant. respondent (Michael A ... Indictment No. 15-10- 0645: first-degree robbery, N.J.S.A. 2C:15-1; second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). The same jury then convicted ... for the same gun on the same date, N.J.S.A. 2C:39- 7.2 The trial court sentenced defendant ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a consecutive ten- ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	57106

111 THE ESTATE OF KATHRYN E. SPENCER v. DANIEL J. GAVIN -- rank: 558

... ESTATE OF ANNA E. SPENCER; and THE ESTATE OF MADELINE S. KING, Plaintiffs-Appellants/ Cross-Respondents, v. DANIEL J. GAVIN, ESQ ... and who concurrently performed legal work at the lawyer-executor's request for at least one of the same estates, had a duty to report the lawyer-executor's malfeasance upon allegedly learning of it. We hold that a ... shown to have had actual knowledge of the other lawyer's wrongdoing. Because the trial court failed to recognize this duty ... attorney was actually aware of any of the lawyer-executor's multiple thefts, we vacate summary judgment the court entered in the attorney's favor. We thus remand for a trial to adjudicate ...

docket:	A0424-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-23
status:	published
citation:
Document Size:	160994

112 STATE OF NEW JERSEY v. CARL L. MOORE -- rank: 558

... Schwartz, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Amanda Gerilyn Schwartz, of counsel and ... without having a permit to carry the same, N.J.S.A. 2C:39-5(b) (count one); fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-9(e) (count two); and fourth-degree ... possession of hollow nose or dum-dum bullets, N.J.S.A. 2C:39-3(f) (count three). The trial court thereafter denied defendant's motion to compel the State to disclose the identity of ... that Detective Astbury informed her that an individual with defendant's name was carrying a gun. According to Cox, Astbury ...

docket:	a5133-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-02
status:	Unpublished
citation:
Document Size:	35190

113 State v. R.Y. -- rank: 558

... Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... ” Defendant contends that the trial court impermissibly excluded Sharie’s statement to a caseworker that it was defendant’s step-son who touched her. He also asserts that the ... had touched her inappropriately. The trial court granted the State’s motion, finding that defendant did not present sufficient evidence of ... percent period of parole ineligibility. The Appellate Division affirmed defendant’s convictions and sentence, but it found that the Rape Shield ... granted certification. 236 N.J. 619 (2019). HELD: The caseworker’s testimony regarding Sharie’s statement is clear evidence of ...

docket:	a-60-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	58973

114 STATE OF NEW JERSEY v. RICHARD G. PERRY -- rank: 558

... Law Division, Morris County, Indictment No. 17-05-0475. Kevin S. Finckenauer, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Kevin S. Finckenauer, of counsel and on the brief). Robert John Lombardo ... with two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(b) (counts one and two), and ... third- degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1) (count three). Following a ... parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant was also sentenced to Parole Supervision for Life, N.J.S.A. 2C:43- 6.4, and ordered to comply ...

docket:	a0919-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-28
status:	Unpublished
citation:
Document Size:	63511

115 Bruce Kaye v. Alan P. Rosefielde -- rank: 558

... may order the equitable remedy of disgorgement of an employee’s compensation when the employee has breached his or her duty ... potential liability. Based on this misconduct, and dissatisfaction with defendant’s performance, plaintiff terminated defendant’s employment. Plaintiff Kaye and the companies that employed defendant commenced ... legal malpractice, and civil fraud. The trial court rescinded defendant’s interest in several entities, and awarded compensatory damages, punitive damages ... officer, it declined to order the equitable disgorgement of defendant’s salary as a remedy for breach of the duty of ... part, the determinations by the trial court. The trial court’s determination that plaintiffs were not entitled to the remedy ...

docket:	A-93-13
court:	NJ Supreme Court
decided:	2015-09-22
status:
citation:	223 N.J. 218 121 A.3d 862
Document Size:	85327

116 STATE OF NEW JERSEY VS MICHAEL BALDWIN -- rank: 555

... of purposeful or knowing murder, in violation of N.J.S.A. 2C:39-5b, and possession of a weapon for an unlawful purpose, in violation of N.J.S.A. 2C:39-4a. The court sentenced defendant to life ... of a handgun without a permit. The court merged defendant's conviction for possession of a weapon for an unlawful purpose ... appeal, defendant makes the following arguments: ��������I.����THE TRIAL COURT'S TOTAL OMISSION OF ANY INSTRUCTION REGARDING THE JURY'S OBLIGATION TO ASSESS THE CREDIBILITY OF THREE INCRIMINATORY OUT-OF ... A FAIR TRIAL. (Not Raised Below) ��������II.����THE TRIAL COURT'S FAILURE TO CAUTION THE JURY REGARDING THE RELIABILITY OF ...

docket:	a4709-94
court:	njappellate
decided:	1997-01-15
status:	published
citation:	296 N.J.Super. 391
Document Size:	26301

117 STATE OF NEW JERSEY v. TERRENCE BREWER -- rank: 552

... other two men, one of whom was Powell, that defendant's gun was a fake. Defendant then pulled the gun from ... money or jewelry from Harris. The jury credited the State's version of events and convicted defendant of murder, felony murder ... thirty-five years parole ineligibility. The court granted the State's motion to dismiss the murder charge. The amended sentence was ... to cross-examine certain prosecution witnesses in violation of defendant’s Sixth Amendment right to confrontation. Because of such alleged errors ... called as a defense witness, Carter would have corroborated defendant's version of the incident and confirmed that defendant acted in self-defense. Additionally, defendant asserted that Carter's testimony would have contradicted the statement he gave to ...

docket:	a6280-10
court:	NJ Superior Court Appellate Division
decided:	2013-12-13
status:	unpublished
citation:
Document Size:	29322

118 STATE OF NEW JERSEY IN THE INTEREST OF L.B. -- rank: 548

... attorney; Candace Caruthers, of counsel and on the briefs). Milton S. Leibowitz, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the ... Jersey (Lyndsay V. Ruotolo, Acting Union County Prosecutor, attorney; Milton S. Leibowitz, of counsel and on the brief). PER CURIAM L ... constitute second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b)(1) (count one); fourth-degree possession of hollow point bullets, N.J.S.A. 2C:39-3(f) (count two); second-degree possession ... controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:39-4.1(a) (count three); third- degree ... a CDS and possession with intent to distribute, N.J.S.A. 2C:35-10(a)(1) (counts six and ...

docket:	a1227-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-29
status:	Unpublished
citation:
Document Size:	31671

119 STATE OF NEW JERSEY v. RAUL RODRIGUEZ, -- rank: 548

... Virginia Barta, Assistant Deputy Public Defender, on the brief). ��������Jeffrey S. Blitz, Atlantic County Prosecutor, attorney for respondent (Jack R. Martin ... correction. Ibid. Ordinarily, we should defer to a trial judge's credibility findings that are often influenced by matters such as ... inquiry without any grounds or suspicion. Florida v. Royer , 460 U.S. 491 , 497-99, 103 S. Ct. 1395 , 1324-25, 75 L. Ed.2d 229 , 236 ... of the police intrusion, and the extent of the citizen's consent, if any, to that intrusion." State v. Maryland , ...

docket:	a6624-98
court:	njappellate
decided:	2001-02-02
status:	published
citation:	336 N.J.Super. 550
Document Size:	26875

120 STATE OF NEW JERSEY v. TERRELL SANDERS -- rank: 542

... found guilty of third-degree possession of heroin, N.J.S.A. 2C:35-7.1 (count 4). For sentencing purposes ... the judgment of conviction, we affirm. According to the State's proofs, based on information from surveillance officers that a group ... the baseball fields. As other officers from the police department's Street Crimes and Uniformed Units neared, the group began to ... and click it on to one of the metal post[s] of the chain link fence" and then "slid a foot ... bills, and three $1 bills. Sergeant McVicar was the State's only fact witness. Sergeant Wally Wolfe of the Jersey City ... foolish to possess multiple bags on [his] person because there's a lot of police, lot of narcotics officers frequent ...

docket:	a3377-07
court:	superior court appellate division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	63655