Search Rutgers Law Library N.J. Court Opinions

721 STATE OF NEW JERSEY v. LUIS A. GONZALEZ -- rank: 554

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(2). In ... concerning why and on what grounds the police stopped defendant's vehicle, we vacate the order denying the motion to suppress ... On June 20, 2017, members of the Wildwood Police Department's Street Crimes Unit observed defendant and another man walk off ... away from the parking lot. The State asserted that defendant's car was stopped for two reasons: Officer Stevens believed he ... witnessed a drug transaction in the parking lot and defendant's vehicle had illegal tinted windows. After defendant's vehicle ...

docket:	a0878-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-04
status:	Unpublished
citation:
Document Size:	23075

722 ROTIMI AZU OWOH v. JASON SENA -- rank: 554

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... Rotimi Azu Owoh, appellant, argued the cause pro se. Gregg S. Sodini argued the cause for respondents (Cutolo Barros, LLC, attorneys; Gregg S. Sodini, on the brief). PER CURIAM Plaintiff Azu Owoh Rotimi ... Barros, LLC (Cutolo defendants); (2) November 20, 2020, denying plaintiff's motion to compel discovery; and (3) December 29, 2020, denying plaintiff's motion for reconsideration of the November 9 and 20, 2020 ... violation of the Federal Debt Collection Practices Act (FDCPA), 15 U.S.C. §1692 - 1692(p) and the Bankruptcy ...

docket:	a0035-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-27
status:	Unpublished
citation:
Document Size:	31132

723 STATE OF NEW JERSEY v. JOHN JOHNS -- rank: 554

... mandated by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for the two armed robberies, committed in violation of N.J.S.A. 2C:15-1. In addition, the court sentenced defendant ... of imprisonment for aggravated assault, in violation of N.J.S.A. 2C:12-1(b)(2), and two counts of ... a handgun without a permit, in violation of N.J.S.A. 2C:39-5(b). For the other offenses defendant ... either imposed concurrent terms or merged the convictions. Thus, defendant's aggregate term is forty-seven years imprisonment, with thirty-two ... defendant became very aggravated and demanded the money from Bennett's wallet. Thereafter, defendant took the money from Bennett's ...

docket:	a2423-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	44430

724 STATE OF NEW JERSEY v. PABLO S. MACHADO -- rank: 554

... 3047-09T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. PABLO S. MACHADO, Defendant-Appellant. ______________________________ October 14, 2011 Submitted September 12, 2011 ... factual dispute at trial was the identification of defendant, Pablo S. Machado, as one of the robbers. Although other issues are ... trial court improperly admitted proofs of the taxi company dispatcher's alleged observation of defendant's cell phone number on his caller ID display. We conclude ... second-degree conspiracy to commit first-degree robbery, N.J.S.A. 2C:15-1 and 2C:5-2 (count one); first-degree armed robbery, N.J.S.A. 2C:15-1 (count two); third-degree unlawful ...

docket:	a3047-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-14
status:	unpublished
citation:
Document Size:	43507

725 STATE OF NEW JERSEY v. DARRYL NIEVES . -- rank: 554

... Kirk Thibault, Ph.D., D-IBFES (Gibbons PC, attorneys; Lawrence S. Lustberg and Ethan Kisch, on the brief). The opinion of ... criminal cases.' See Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). Under Daubert, general acceptance in the scientific community ... but 'is not a necessary precondition' to admissibility. Daubert, 509 U.S. at 594, 597. Because the holding in Olenowski is not ... retroactive, id. at 154, our review of the trial court's decision is governed by the Frye standard, and we ...

docket:	a2069-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-13
status:	Published
citation:
Document Size:	111594

726 STATE OF NEW JERSEY v. CHRISTOPHER GUILES -- rank: 554

... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-7. Defendant appeals, as well, from his ... five years of parole ineligibility, imposed pursuant to N.J.S.A. 2C:35-19c permits the proffer in a criminal ... appeal that the notice and demand procedures of N.J.S.A. 2C:35-19c, which were found to be constitutional in State v. Miller , 170 N.J. 417 , 433-36 (2002), were improperly utilized by the State in this case ... the certificate was waived. See also Melendez-Diaz v. Massachusetts , ___ U.S. ___, 129 S. Ct. 2527 , 2541, 174 L. Ed.2d ...

docket:	a6187-07
court:	superior court appellate division
decided:	2010-07-26
status:	unpublished
citation:
Document Size:	48702

727 ASSOCIATION FOR GOVERNMENTAL RESPONSIBILITY, ETHICS AND TRANSPARENCY VS. BOROUGH OF MANTOLOKING, ET AL. -- rank: 554

... the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, or the common law right of public access, mandates disclosure of an attorney's identity when the attorney renders legal advice to a colleague ... who, in turn, rendered advice via email to the prosecutor's personal account. The prosecutor, in turn, disclosed the contents of ... of the email to the defense, but redacted the sender's name and email address. The municipality thereafter denied a government ... motion judge concluded the email did not fall within OPRA's definition of a government record. We affirm the order under ... the work product privilege and confidentiality exemptions under N.J.S.A. 47:1A-9(b) weight against disclosure. I. ...

docket:	a2395-22
court:	appellate
decided:	2024-05-09
status:	Published
citation:
Document Size:	77776

728 STATE OF NEW JERSEY v. TAHIR T. SUTTON -- rank: 554

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... facts of this matter in our prior opinion on defendant's and co-defendant Dionte Powell's direct appeals of their convictions and sentences: In the early ... called Powell to ask for a ride to her mother's house. Shortly after she got into the car, the police ... the store fit the missing part of the gun. Sutton's thumb print was found on the exterior of the car ... The police set up a surveillance outside the female passenger's home. At approximately 6:00 a.m., the police ...

docket:	a3660-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-10
status:	Unpublished
citation:
Document Size:	24256

729 WASHINGTON SHOPPING CENTER v. : WASHINGTON TOWNSHIP -- rank: 554

... 11, 2021 1 Released for publication: March 2, 2021 Lawrence S. Berger for plaintiff (Berger & Bornstein, LLC, attorneys). Martin Allen for ... Bateman, attorneys). NOVIN, J.T.C. This constitutes the court’s opinion following trial of local property tax appeals filed by ... County, New Jersey. The property is identified on Washington Township’s municipal tax map as Block 75, Lot 1 (the â ... constructed in 1996. The subject property also includes a McDonald’s fast-food restaurant located on a 0.9703-acre pad ... site to maintain sufficient water pressure for the shopping center’s sprinkler system. The site is serviced by natural gas and electric. The subject property is located in Washington Township’s HC – Highway Commercial District, permitting uses that include ...

docket:	05517-16
court:	NJ Tax Court
decided:	2021-02-11
status:	Published
citation:
Document Size:	86364

730 STATE OF NEW JERSEY VS. JAMES M. PENA -- rank: 554

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... CURIAM Defendant James M. Pena appeals from the Law Division's June 8, 2021 order denying his motion to suppress evidence ... and one shouted, '[W]ho the f*** are these n****s in my house,' and then both men pulled handguns out of their waistbands. 1 Franks v. Delaware, 438 U.S. 154 (1978). 2 We use the victims' initials to protect ... his face. Defendant held his gun to J.C.-V.'s neck and took his sneakers and jewelry worth about $ ...

docket:	a1282-22
court:	appellate
decided:	2024-07-01
status:	Unpublished
citation:
Document Size:	23282

731 STATE OF NEW JERSEY v. SHAFFONA MORGAN -- rank: 554

... OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4468-08T4 S APPROVED FOR PUBLICATION December 29, 2011 APPELLATE DIVISION TATE OF ... Jury and charged with first degree attempted murder, N.J.S.A. 2C:11-3 and 2C:5-1; first degree robbery, N.J.S.A. 2C:15-1; second degree aggravated assault against Juan Carlos, N.J.S.A. 2C:12-1(b)(1); fourth degree aggravated assault against Juan Carlos, N.J.S.A. 2C:12-1(b)(4); fourth degree aggravated assault against Juan Battista, N.J.S.A. 2C:12-1(b)(4); and second degree ...

docket:	a4468-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-29
status:	published
citation:	423 N.J. Super. 453 33 A.3d 527
Document Size:	60905

732 STATE OF NEW JERSEY v. R.F -- rank: 554

... between July 1, 2003 and July 31, 2003, N.J.S.A. 2C:24-4a (count five). Following a trial, a ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:7-1 to -19. On appeal, defendant raises ... THE TRIAL COURT ABUSED ITS DISCRETION IN ADMITTING THE DEFENDANT'S PURPORTED OUT-OF-COURT STATEMENT, "K.F. DOES IT ALL ... TIME," AS A DECLARATION AGAINST INTEREST. POINT III - THE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS PREJUDICED BY COMMENTS MADE ... NOT RAISED BELOW). POINT IV - THE PROSECUTOR VIOLATED THE DEFENDANT'S DUE PROCESS RIGHT UNDER THE FIFTH AMENDMENT AND THE DEFENDANT'S RIGHT TO CONFRONTATION UNDER THE SIXTH AMENDMENT BY INTENTIONALLY ...

docket:	a1604-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-15
status:	unpublished
citation:
Document Size:	102449

733 STATE OF NEW JERSEY v. JOHN J. GUTIERREZ -- rank: 554

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... CURIAM Defendant John J. Gutierrez appeals from the Law Division's judgment of conviction that the trial court entered after a ... to not instruct the jury about their consideration of defendant's statements in accordance with the Model Jury Charges. He also ... he was deprived of a fair trial by the prosecutor's misstatements made during summation. Finally, defendant argues that in imposing ... mitigating factor. For the reasons that follow, we reject defendant's contentions and affirm. I. Defendant's conviction arose from a fight he engaged in with ...

docket:	a3002-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-05
status:	Unpublished
citation:
Document Size:	40639

734 STATE OF NEW JERSEY v. LARRY BYRD -- rank: 554

... and its use in other cases is limited. R .1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... post-conviction relief (PCR). We affirm. The facts underlying defendant's arrest and prosecution are set forth at length in Judge Michael A. Toto's comprehensive twenty-three-page written decision denying PCR and need ... all he intended to do was to break the victim's jaw and to crack some of his ribs. Defendant denied ... lost it." The victim lost consciousness. Defendant moved the victim's body off the street and left it between two cars ... an autopsy two days later and determined that the victim's cause of death was "[c]omplications of blunt trauma ...

docket:	a4715-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-04
status:	unpublished
citation:
Document Size:	21895

735 STATE OF NEW JERSEY v. ALMEIN ARCHER -- rank: 554

... to distribute a controlled dangerous substance (CDS) (cocaine), N.J.S.A. 2C:5-2 and N.J.S.A. 2C:43-6f. After finding aggravating sentencing factors 541 U.S. 36 , 54-55, 124 S. Ct. 1354 , 1365-67, 158 ...

docket:	a0850-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-24
status:	unpublished
citation:
Document Size:	46991