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796 STATE OF NEW JERSEY v. EDWIN FEBUS -- rank: 539

... substance (CDS) with intent to distribute, contrary to N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(2). The trial court sentenced ... 07-0909 with third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1) (count one); second-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(2) (count ... during the course of committing a CDS offense, N.J.S.A. 2C:39-4.1(a) (count three); and second ... degree certain persons not to possess a firearm, N.J.S.A. 2C:39-7(b) (count four). Thereafter, defendant ...

docket:	a4366-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-15
status:	unpublished
citation:
Document Size:	33855

797 STATE OF NEW JERSEY v. KEITH SCOTT, a/k/a KASAAON R. WILLIAMS -- rank: 539

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... trial. In particular, defendant asserts error in the trial judge's denial of his request to adjourn the trial to seek ... approaching, the officer observed defendant – who matched the CI's description – walking towards him on Ocean Avenue and turning ... street. The officer parked his vehicle to obscure the suspect's intended path, exited, drew his firearm, and instructed defendant to ... arrived to provide backup assistance, observed a bulge in defendant's waistband, patted him down, and removed a firearm. 2 A ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); second-degree unlawful possession ...

docket:	a1027-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-17
status:	unpublished
citation:
Document Size:	32743

798 STATE OF NEW JERSEY v. FRANK L. MARSH -- rank: 539

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... convicted defendant of first-degree murder for hire, N.J.S.A. 2C:11-3(a)(1) and N.J.S.A. 2C:11-3(b)(4)(d); 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 handgun, N.J.S.A. 2C:39-5(b). On April 13, 2011, defendant ... 24, 2015. We highlight the evidence giving rise to defendant's conviction. In 2008, Raymond Troxell and Vincent Russo owned ...

docket:	a5189-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-26
status:	unpublished
citation:
Document Size:	36853

799 STATE OF NEW JERSEY v. CHRISTOPHER DESA -- rank: 539

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Id. at 2. Defendant appealed his conviction and sentence. Ibid. We affirmed defendant's convictions, but ordered the trial judge to merge the conviction ... satisfy the two-prong test of Strickland v. Washington, 466 U.S. 668, 687 (1984), which requires a showing that trial counsel's performance was deficient and that, but for the deficient ...

docket:	a4622-18
court:	NJ Superior Court Appellate Division
decided:	2020-09-22
status:	Unpublished
citation:
Document Size:	19432

800 STATE OF NEW JERSEY v. JAMES DORMAN -- rank: 539

... Dorman was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50, by the Wildwood Crest Municipal Court ... THERE WAS NO REASONABLE AND ARTICULABLE BASIS FOR THE STOP(S). POINT II THE BREATHALYZER RESULTS SHOULD NOT HAVE BEEN ADMITTED ... REASONABLE DOUBT THAT DORMAN OPERATED HIS MOTORCYCLE IN VIOLATION OF 541 U.S. 36 , 68-69, 124 S. Ct. 1354 , 1374, 158 L. ...

docket:	A2873-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-11
status:	published
citation:	393 N.J. Super. 28 922 A.2d 766
Document Size:	44867

801 STATE OF NEW JERSEY v. THOMAS R. HOWARD -- rank: 539

... of driving while intoxicated (DWI), in violation of N.J.S.A. 39:4-50. After being found guilty in the ... again resulted in his conviction. Because that infraction represented defendant's third driving while intoxicated conviction, Judge Forester sentenced him to ... argues: I.    UNCONTROVERTED EXPERT TESTIMONY CONCERNING THE IMPACT A DEFENDANT'S MEDICAL CONDITION HAD ON THE RELIABILITY OF BREATHALYZER TEST RESULTS ... E. 703 WHEN SUCH TESTIMONY IS BASED ON THE EXPERT'S REVIEW OF THE DEFENDANT'S MEDICAL RECORDS, DISCOVERY, IN-COURT TESTIMONY OF OTHER WITNESSES AND ... DENIED EVEN THE MERE OPPORTUNITY PURSUANT TO CRAWFORD V. WASHINGTON , 541 U.S. 36 (2004) AND THE SIXTH AMENDMENT TO ...

docket:	a4798-05
court:	njappellate
decided:	2007-06-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	26740

802 C.A. v. ERIC BENTOLILA, M.D -- rank: 536

... argued the cause for respondent State of New Jersey (Jeffrey S. Chiesa, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... Patient Safety Act (the "PSA" or the "Act"), N.J.S.A. 26:2H-12.23 to -12.25. We also ... are absolutely privileged from disclosure under the PSA. The PSA's confidentiality provisions insulate such documents from outside access. They do so regardless of a plaintiff's asserted need for disclosure and regardless of whether the documents ... been generated for additional non-PSA purposes, then the PSA's absolute privilege does not apply. Instead, other legal principles govern ... Applying these principles, we affirm in part the trial court's application of the PSA to the contested documents, and ...

docket:	a1261-11
court:	NJ Superior Court Appellate Division
decided:	2012-08-09
status:	published
citation:	428 N.J.Super. 115 51 A.3d 119
Document Size:	119368

803 PHIBRO ANIMAL HEALTH v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA -- rank: 536

... insured, Phibro Animal Health Corporation ("Phibro"), appeals the trial court's decision granting summary judgment to the insurer, defendant National Union ... provide coverage for economic losses sustained by three of Phibro's customers. The customers raised broiler chickens for human consumption. The ... for customer claims that Phibro had settled without National Union's consent. For the reasons that follow, we reverse the grant ... principles of coverage law to the terms of National Union's policy and the factual record, we conclude the circumstances here ... trial court for further consideration. We agree with the court's ruling that the contractual liability and professional liability exclusions do ... does not bar coverage, it must then evaluate whether Phibro's settlements with its three customers, which National Union declined ...

docket:	a5589-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	446 N.J.Super. 419 142 A.3d 761
Document Size:	105528

804 STATE OF NEW JERSEY v. ANTHONY ROSS -- rank: 536

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... his convictions for third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1), and third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(b)(3), and the sentence imposed on the latter conviction following the court's merger of the offenses. More particularly, he contends the court ... light of the applicable legal principles, we affirm the court's denial of defendant's motion to suppress evidence, reverse defendant's convictions and ...

docket:	a4443-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-14
status:	Unpublished
citation:
Document Size:	60319

805 STATE OF NEW JERSEY v. CHRISTIAN VASILE a/k/a CRISTIAN VASILE, CHRIS VASILE -- rank: 536

... saw defendant and Michelle VanDuysen (VanDuysen) in front of Rahner's house at approximately 2:50 p.m. Lupino worked as ... VanDuysen, wearing a pink shirt and dungarees, walk to Rahner's door, while defendant waited at the end of the property ... a tattoo on his right leg, in front of Rahner's house. Later, the fingerprint lifted from the scene was compared ... fingerprint card was then sent to the Monmouth County Prosecutor's Office, where it was confirmed that the print belonged to ... affidavit in support of a search warrant to search defendant's room in the Belvedere Hotel. A search pursuant to a ... hotel room yielded jewelry, a blue cooler, and a woman's pink shirt that VanDuysen had been wearing that day. ...

docket:	A3877-05
court:	NJ Superior Court Appellate Division
decided:	2008-02-28
status:	unpublished
citation:
Document Size:	60560

806 STATE OF NEW JERSEY v. MICHAEL BAILEY -- rank: 536

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... PER CURIAM Defendant Michael Bailey appeals from the trial court's August 1, 2022 order denying his petition for post-conviction ... for the reasons set forth in Judge Andrea G. Carter's thorough and well-reasoned written opinion. We summarize the facts ... while engaged in the commission of a robbery, N.J.S.A. 2C:11-3(a)(3); first-degree murder, N.J.S.A. 2C:11-3(a)(1)(2); first-degree conspiracy to commit armed robbery, N.J.S.A. 2C:15-1 and N.J.S.A. ...

docket:	a0107-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-01
status:	Unpublished
citation:
Document Size:	21326

807 /usr/local/share/www/libweb/collections/courts/appellate/a2498-17.opn.html -- rank: 536

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... violation of the driving while intoxicated (DWI) statute, N.J.S.A. 39:4-50. Based on our review of the ... step-down provision of the DWI statute. See N.J.S.A. 39:4- 50(a)(3). The court imposed a ... November 14, 2011, Monroe Township Patrolman Bruce Maute stopped defendant's vehicle after checking its plates in a database and determining the license of the vehicle's owner, defendant, was suspended. After stopping the vehicle, Maute observed ... for a second or subsequent DWI conviction. See N.J.S.A. 2C:40-26(b). An issue was later ...

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Document Size:	48632

808 STATE OF NEW JERSEY v. FREDERICK L. HUNT -- rank: 536

... arrest. Because two trial errors may have affected the jury's verdict in this close case, we reverse and remand for ... drawn. Defendant told the police that he had the officer's gun and sat down at the curb. Kelly grabbed defendant ... forced him to the ground, and handcuffed him. From defendant's waistband, according to Kelly, under his jacket and a sweatshirt ... phone to 'chirp'1 his uncle, who was a sheriff's officer, to get advice on what to do with the ... turn in the gun. He first looked toward Officer Kelly's police car, which was only ten feet away, but he ... guns as a child. He estimated he had the officer's gun for about sixty seconds before his arrest. On ...

docket:	a1463-07
court:	superior court appellate division
decided:	2010-03-25
status:	Unpublished
citation:
Document Size:	37377

809 STATE OF NEW JERSEY v. JOHN A. JOHNS -- rank: 536

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... counts of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 (counts one and eight); four counts ... robbery - two by use of force while armed, N.J.S.A. 2C:15-1(a)(1) (counts two and nine ... causing fear of immediate bodily injury while armed, N.J.S.A. 2C:15-1 (counts three and ten); two counts ... of third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (counts four and eleven); two ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (counts five and twelve); ...

docket:	a0704-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-30
status:	Unpublished
citation:
Document Size:	27534

810 STATE OF NEW JERSEY v. KHALIF JAMES -- rank: 536

... trial, defendant was convicted of first-degree murder, N.J.S.A. 2C:11-3a(1)(2); first-degree felony murder, N.J.S.A. 2C:11-3a(3); 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:39-4a; and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b. Judge Miriam N. Span merged the ... bystander. However, McGriff implicated Means and later implicated defendant. Defendant's trial was severed from the co-defendants. Prior to ...

docket:	a3407-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-09-04
status:	Published
citation:
Document Size:	22772