Search Rutgers Law Library N.J. Court Opinions

31 STATE OF NEW JERSEY v. ANDRE MELLS -- rank: 719

... of the record and the applicable law, we affirm defendant's convictions and sentence but remand for amendment of his judgment ... defendant with first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) and (2), second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and second-degree unlawful possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a). Defendant was charged in a ... second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). The trial court held back ... medical examiner testified concerning the manner and cause of Denmark's death, an expert testified concerning the ballistics evidence, and ...

docket:	a1035-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-03
status:	unpublished
citation:
Document Size:	66602

32 KAM-TECH SYSTEMS LIMITED et al. v. RAFAEL YARDENI, a/k/a RAFAEL YARDENY, a/k/a RAFI YARDENY, a/k/a RAFI YARDENI -- rank: 719

... for $218,039.73, plus interest, pursuant to N.J.S.A. 2A:49A-16 to -24, the Foreign Country Money ... subsidiary of Kam- Tech. On July 10, 1995, the Magistrate's Court in Tel Aviv, Israel, by Judge David Geldstein, awarded ... seeking a judgment under the Act enforcing the Israeli court's money judgment. On plaintiffs' motion for summary judgment, defendant interposed ... final judgment dated January 5, 2000, Judge Ryan rejected defendant's contentions and enforced the Israeli judgment in favor of plaintiffs ... as sovereign states accepting the unifying force of the Constitution's Full Faith and Credit clause. See footnote 1 1 The ... explained in the leading case of Hilton v. Guyot , 159 U.S. 113 , 164, 16 S.Ct. 139 , 143, 40 ...

docket:	A3106-99
court:	NJ Superior Court Appellate Division
decided:	2001-05-24
status:	published
citation:	340 N.J. Super. 414
Document Size:	44970

33 STATE OF NEW JERSEY v. PATRICK J. FREE, -- rank: 719

... false confessions, on the subject of the credibility of defendant's confessions. We reverse. I     The issue arose after a N.J.R.E. 104 hearing, resulting from defendant's motion to suppress his confessions as involuntary, Jackson v. Denno , 378 U.S. 368 , 84 S. Ct. 1774 , 12 L. Ed.2d 908 (1964), and as ... having been obtained in violation of Miranda v. Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed. ...

docket:	a5275-00
court:	njappellate
decided:	2002-05-24
status:	published
citation:	351 N.J. Super. 203
Document Size:	55120

34 STATE OF NEW JERSEY v. ANTHONY ARDIS and PAUL BAZELA - -- rank: 712

... PVSC employees during work hours at the homes of Ardis's mother and his girlfriend under the supervision of Bazela. Following ... vacated. On leave granted, the State now appeals the court's decision mandating a new trial for each defendant. For the reasons that follow, we affirm the trial court's grant of a new trial to defendant Ardis but reverse ... him from those against Bazela. The record supports the court's finding that Ardis was manifestly prejudiced by the cumulative impact ... of the trial: (1) the dramatic opening statement of Bazela's attorney, in which he told the jurors that Ardis had ... at the trial; and (2) undue restrictions imposed upon Ardis's counsel in cross-examining key PVSC employees who testified ...

docket:	a0670-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-05
status:	unpublished
citation:
Document Size:	88817

35 STATE OF NEW JERSEY v. FRED NEULANDER -- rank: 712

... of capital murder of his wife, Carol Neulander, N.J.S.A. 2C:5-2. On November 22, 2002, the jury ... MURDER, OFFERED TO IMPEACH HIS TESTIMONY AGAINST DEFENDANT, INFRINGED DEFENDANT'S RIGHT TO CONFRONT WITNESSES AND PRESENT A DEFENSE AND HIS ... RIGHT TO DUE PROCESS OF LAW AND A FAIR TRIAL. U.S. CONST . AMENDS. VI, XIV; N.J. CONST. (1947) ART. I, PARS. 1, 9, 10. POINT II THE TRIAL COURT'S DECISION TO ALLOW A CRITICAL DEFENSE WITNESS TO TESTIFY IN ... RIGHT TO DUE PROCESS OF LAW AND A FAIR TRIAL. U.S. CONST. AMEND. XIV; N.J. CONST. (1947) ART. ...

docket:	a3616-02
court:	njappellate
decided:	2006-12-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	170683

36 STATE OF NEW JERSEY v. ROBERT COOK -- rank: 712

... an indictment charging him with first-degree murder, N.J.S.A. 2C:11-3 a(1)(2), third-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5b, and second-degree possession of a ... unlawfully against the person or property of another, N.J.S.A. 2C:39-4a. We affirm defendant's convictions, but because we find error in the sentencing judge's failure to merge count three (possession of a handgun with ... another, 177 N.J. 147, 168 (2003), cert. denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed. ...

docket:	a0727-06
court:	NJ Superior Court Appellate Division
decided:	2009-04-03
status:	unpublished
citation:
Document Size:	67634

37 Rainhold Holding Co., US Postal Service, & Raintree Assocs. v. Freehold Tp. -- rank: 709

... Service, the tax, as applied, infringes on the federal government's immunity from state and local taxation. The property at issue ... to be allocated according to the landlord and Postal Service's respective interests " i.e. , ... the appraised value of the Landlord's nonsubordinated fee interest and the Tenant's leasehold interest ...." The lease further provides that in the event ... federal government and thus entitled to claim the federal government's immunity from state and local taxation. Under the Postal Reorganization Act, 39 U.S.C.A. §101 et seq. , the Postal ...

docket:	07203-93
court:
decided:	1994-09-27
status:
citation:	14 N.J. Tax 266
Document Size:	85488

38 STATE OF NEW JERSEY v. DARRYL BOZEMAN -- rank: 703

... a No Early Release Act (NERA) ineligibility term, N.J.S.A. 2C:43-7.2, and to a consecutive five ... violated in the absence of a limiting instruction concerning defendant's drug dealings with co-defendant Terrell, and that the charge ... raises the following issues on appeal: POINT I THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE TRIAL ... FINDINGS AS TO THE RELIABILITY OF THE IDENTIFICATION PROCEDURE. DEFENDANT'S RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE COURT REFUSED TO ... WAS DENIED DUE PROCESS OF LAW BY THE TRIAL COURT'S DECISION TO ALLOW OFF[ICER] SANTARPIA TO MAKE AN IN ... THAT SUCH AN IDENTIFICATION WOULD BE RELIABLE. B. THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONT THE WITNESSES AGAINST HIM ...

docket:	a0565-06
court:	superior court appellate division
decided:	2010-05-05
status:	unpublished
citation:
Document Size:	78151

39 STATE OF NEW JERSEY v. AL-QUAN WHITE -- rank: 700

... Indictment Nos. 10-05-1368 and 10-05-1369. James S. Friedman argued the cause for appellant. Jane Deaterly Plaisted, Special ... convicted of first-degree murder of Byron Lockett, N.J.S.A. 2C:11-3(a)(1)(2); third-degree aggravated assault of another victim, Latiff McCleod, N.J.S.A. 2C:12-1(b)(1); second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a); and a second-degree "certain persons" weapons offense, N.J.S.A. 2C:39-7(b). The third-degree offense ...

docket:	a2320-11
court:	NJ Superior Court Appellate Division
decided:	2015-01-09
status:	unpublished
citation:
Document Size:	94064

40 STATE OF NEW JERSEY v. G.T.C. -- rank: 697

... Lichter, Deputy Attorney General, argued the cause for respondent (Christopher S. Porrino, Attorney General, attorney; Sarah Lichter, of counsel and on ... record in light of the applicable law, we affirm defendant's convictions, vacate his sentence and remand for resentencing. I. The ... to sexually assault and endanger the welfare of R.B.'s thirteen-year-old nephew, Scott, and eight- year old niece ... and pseudonyms to protect the victims' privacy. See N.J.S.A. 2A:82-46(a). 2 A-2723-14T3 sexual ... assault and endangering the welfare of a child, N.J.S.A. 2C:5-2, N.J.S.A. 2C:14-2 and N.J.S.A. ...

docket:	a2723-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-13
status:	unpublished
citation:
Document Size:	105077

41 STATE OF NEW JERSEY v. GIOVANNI SOTOMAYOR -- rank: 697

... sexual assault during the course of a burglary N.J.S.A. 2C:14-3a (Counts Four and Five); fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b (Count Six); third-degree possession of ... a weapon, a knife, for an unlawful purpose, N.J.S.A. 2C:39-4d (Count Seven); second-degree burglary, N.J.S.A. 2C:18-2 (Count Eight); two counts of third-degree terroristic threats, N.J.S.A. 2C:12-3a (Counts Nine and Ten); third degree criminal restraint N.J.S.A. 2C:13-2a (Count Eleven). Defendant was acquitted ...

docket:	a3400-03
court:	njappellate
decided:	2007-11-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60150

42 STATE OF NEW JERSEY v. JULIO F. RIVERA -- rank: 697

... police officer and creating a risk of injury, N.J.S.A. 2C:29-2(b), and second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(6), as well as the ... ineligibility pursuant the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirm. I. We discern ... from the record on appeal, including the transcript of Rivera's trial. Rivera and co-defendant Elvin Caballero were indicted in ... convicted. Caballero was charged with receiving stolen property, N.J.S.A. 2C:20-7(a), and resisting arrest, N.J.S.A. 2C:29-2(a)(2), -2(a)(3)( ...

docket:	a3087-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-01
status:	unpublished
citation:
Document Size:	62386

43 STATE OF NEW JERSEY v. ROBERT HANDY -- rank: 693

... OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0401-09T4 S APPROVED FOR PUBLICATION August 4, 2011 APPELLATE DIVISION TATE OF ... acquittal on a theory of self-defense. In rejecting defendant's motion to be tried first on his self-defense claim ... so because Khan conflicts with several aspects of our State's Criminal Code; Khan relied upon District of Columbia case law ... Such an insanity trial, which might result in the defendant's indefinite commitment in a mental institution, should not have to ... by this case for prospective consideration by the Supreme Court's Committee on Criminal Practice. I. The procedural history of this ... of the fatal stabbing of Arthur Cooper, defendant Robert Handy's uncle, on January 13, 2004. They lived together in ...

docket:	a0401-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-04
status:	published
citation:	421 N.J. Super. 559 25 A.3d 1140
Document Size:	160204

44 BAYWAY REFINING COMPANY et al. v. STATE UTILITIES, INC., et al. -- rank: 690

... term lease and took over operation of Northville Industries Corporation's Long Island wholesale fuel terminals.     Defendant State Utilities ("State"), a ... Lindenhurst, Suffolk County, New York. Defendant Raymond Young is State's principal. State provides home heating oil to homeowners in Suffolk ... years before 1993, State purchased its fuel oil from Northville's wholesale terminals, one in Nassau County and one in Suffolk ... Island counties was refined in Linden and transported to Northville's (later Bayway's) terminals in Long Island.     The business relationship between plaintiffs and ... over the Long Island terminals, Bayway sent letters to Northville's customers, including State, soliciting their continued business. The letter ...

docket:	a6603-98
court:	njappellate
decided:	2000-07-25
status:	published
citation:	333 N.J.Super. 413
Document Size:	39284

45 STATE OF NEW JERSEY v. P.H. -- rank: 690

... the jury that "[y]ou . . . may not consider the child's failure to complain as evidence weighing against the credibility of ... the factors relevant to an evaluation of the alleged victim's credibility. Therefore, we reverse defendant's convictions.     Following a jury trial, defendant was found guilty of ... counts of aggravated sexual assault, in violation of N.J.S.A. 2C:24-4a. The trial court sentenced defendant to ... of a child, all to be served concurrently. Thus, defendant's aggregate term is twenty years imprisonment, with a ten-year ... The court also ordered defendant to comply with the Megan's Law registration, notification and lifetime community supervision requirements. See ...

docket:	a4912-99
court:	njappellate
decided:	2002-08-02
status:	published
citation:	353 N.J. Super. 527
Document Size:	72071