Search Rutgers Law Library N.J. Court Opinions

871 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 524

... and its use in other cases is limited. R .1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST CONVICTION RELIEF WITHOUT AFFORDING HIM AN EVIDENTIARY ... REPRESENTATION FROM TRIAL COUNSEL SINCE, AS A RESULT OF COUNSEL'S FAILURE TO PROPERLY AND ACCURATELY INFORM HIM WITH RESPECT TO THE STATE'S PLEA OFFER, HE WAS UNABLE TO ACCEPT THE PLEA RECOMMENDATION ... memorandum 2 dated May 24, 2010, defendant rejected the State's offer that he plead guilty to third-degree distribution of CDS in exchange for the State's recommended dismissal of the other charges and a recommended ...

docket:	a1758-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-26
status:	unpublished
citation:
Document Size:	19379

872 STATE OF NEW JERSEY v. CARLOS W. CARDOZA -- rank: 524

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... V. Ruotolo, Acting Union County Prosecutor, attorney for respondent (Milton S. Liebowitz, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel ... spoliation of evidence; (3) the trial court improperly denied defendant's request for a Clawans1 charge and his request for a ... cumulative errors defendant asserts. The one exception—the trial court's reference in its identification jury charge to 'the' weapon rather ... an adverse inference against an opposing party when the party's failure to present evidence 'raises a natural inference that the ... the victim was able to lock himself inside the attendant's booth, preventing the suspect from entering. Defendant was tried ...

docket:	a5327-16
court:	NJ Superior Court Appellate Division
decided:	2020-02-12
status:	Unpublished
citation:
Document Size:	53855

873 STATE OF NEW JERSEY v. DANIEL A. CATALANO -- rank: 524

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... PER CURIAM Defendant Daniel Catalano appeals from the Law Division's July 17, 2017 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing, and the court's September 11, 2017 order denying his motion for reconsideration. We ... another individual. 1 Defendant then got into his co-defendant's 2 car and drove away. The Troopers stopped the car ... count indictment charging defendant with third-degree conspiracy, N.J.S.A. 2C:25-2 and N.J.S.A. 2C:35-5(a)(1) (count one); third- ...

docket:	a2429-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-25
status:	Unpublished
citation:
Document Size:	18850

874 /usr/local/share/www/libweb/collections/courts/appellate/a3130-16.opn.html -- rank: 524

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... his decision in a December 23, 2016 order denying defendant's petition for post- conviction relief (PCR). Defendant now appeals from ... trial, defendant was convicted of first- degree murder, N.J.S.A. 2C:11-3(a)(1) or (2), and second ... possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39- 4(a). Id. at 1. The judge ... On 2 A-3130-16T2 direct appeal, we affirmed defendant's conviction,1 but remanded to correct the period of parole ... accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Ibid. The Supreme Court ...

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court:	NJ Superior Court Law/Chancery Division
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875 STATE OF NEW JERSEY v. JAMAL S. COLEY -- rank: 524

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... 0956-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMAL S. COLEY, a/k/a JAMALL BELL, Defendant-Appellant. _____________________________ Submitted February ... degree aggravated sexual assault while using a weapon, N.J.S.A. 2C:14- 2(a)(4); first-degree aggravated sexual ... assault in the course of committing a robbery, N.J.S.A. 2C:14-2(a)(3); second-degree sexual assault ... force or coercion but without causing serious injury, N.J.S.A. 2C:14-2(c)(1); first-degree armed robbery, N.J.S.A. 2C:15-1; third-degree unlawful possession of ...

docket:	a0956-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-22
status:	unpublished
citation:
Document Size:	31563

876 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 IN THE MATTER OF DEAN SCHWA -- rank: 524

... and its use in other cases is limited. R .1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... for respondent Mountainview Youth Correctional Facility, Department of Corrections (Christopher S. Porrino, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... Christopher M. Kurek, Deputy Attorney General, on the brief). Christopher S. Porrino, Attorney General, attorney for respondent Civil Service Commission (Pamela ... PER CURIAM Petitioner Dean Schwaner appeals the Civil Service Commission's (Commission) final agency decision finding the New Jersey Department of ... for cocaine during a random drug test. We reject Schwaner's claim his due process rights were violated during the drug testing process, and affirm the Commission's decision. I. Schwaner commenced his employment with the DOC ...

docket:	a0748-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-09
status:	unpublished
citation:
Document Size:	25843

877 /usr/local/share/www/libweb/collections/courts/appellate/a1059-18.opn.html -- rank: 524

... and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... possession of a controlled dangerous substance, namely cocaine, N.J.S.A. 2C:35-10(a)(1). He was sentenced in ... point for our consideration: THE JUDGE ERRED IN DENYING DEFENDANT'S SUPPRESSION MOTION BECAUSE THE STATE FAILED TO ESTABLISH THE CONFIDENTIAL INFORMANT'S RELIABILITY AND THE TIP PROVIDED NO BASIS OF THE CONFIDENTIAL INFORMANT'S KNOWLEDGE AND PROVIDED NO PREDICTIVE OR HARD-TO-KNOW INFORMATION ... the applicable legal principles, we find no merit to defendant's contention and affirm substantially for the reasons stated in ...

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Document Size:	18575

878 STATE OF NEW JERSEY VS. VICTOR SEGASTUME -- rank: 521

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... Hudson County indictment with first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1) (count one); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count two); second- degree ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1) (count three); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39- 5(b)(1) (count four); and ...

docket:	a2205-22
court:	appellate
decided:	2024-06-11
status:	Unpublished
citation:
Document Size:	26543

879 STATE OF NEW JERSEY v. DEON DAVIS -- rank: 521

... found defendant guilty of second degree aggravated assault, N.J.S.A. 2C:39-4d (Count 2); fourth degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (Count 3); third degree terroristic threats, N.J.S.A. 2C:12-3b (Counts 4 and 5); and first degree attempted murder, N.J.S.A. 2C:11-3 (Count 6). On April 25, 2000 ... bitch," "Did I kill the bitch?" and "I hope she's dead." On December 17, 2001, we affirmed the convictions and ... with seventeen years parole ineligibility. The remaining points in defendant's petition were denied. Defendant appealed and we affirmed in ...

docket:	a0166-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-04
status:	published
citation:
Document Size:	64309

880 STATE OF NEW JERSEY v. ABRAHAM ROMAN -- rank: 521

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... the night before Thanksgiving 2012. Id. at 2–3. Vasquez's family, who urged him to seek medical attention, and his ... 5–6. The following trial evidence was critical to defendant's PCR claims before the Law Division and now reiterated before ... after the initial injury, and concluded the cause of Vasquez's death was 'subdural hemorrhage due to blunt head trauma.' Shaikh ... conviction, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, and a concurrent three-year ... appeal, id. at 2, and the Supreme Court denied defendant's petition for certification. 236 N.J. 101 (2018). Defendant ...

docket:	a0432-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-24
status:	Unpublished
citation:
Document Size:	21106

881 STATE OF NEW JERSEY VS GEORGE J. GARCIA -- rank: 521

... The opinion of the court was delivered by LEFELT, J.S.C. (temporarily assigned).     George Garcia has been indefinitely incarcerated in ... on or near school property, in violation of N.J.S.A. 2C:18-2.     He was sentenced on September 16 ... Thereafter, the PCR judge on February 23, 1998 denied Garcia's application. On the same date, INS ordered Garcia removed from ... country, he would not be subject to deportation and that's why “N/A” was circled on the plea form.     Garcia's defense attorney certified that he had “very little specific recollection ... modified the plea form in accordance with the Chief Justice's position, our law remains unchanged. Judges need not advise ...

docket:	a4281-97
court:	njappellate
decided:	1999-04-21
status:	published
citation:	320 N.J.Super. 332
Document Size:	22295

882 STATE OF NEW JERSEY v. ALI PATTERSON a/k/a ALI A. PATTERSON, ALI-ABDUL PATERSON, IBN ADRIAN, IBN PATTERSON -- rank: 521

... 0053, charging him with second-degree aggravated assault, N.J.S.A. 2C:39-5d (count two); third-degree possession of ... a weapon (an automobile) for an unlawful purpose, N.J.S.A. 2C:39-4d (count three); second-degree aggravated assault while fleeing, N.J.S.A. 2C:39-5d (count five); third-degree possession of ... a weapon (an automobile) for an unlawful purpose, N.J.S.A. 2C:39-4 (count six); second-degree eluding police, N.J.S.A. 2C:29-2b (count seven); fourth-degree knowingly leaving the scene of an accident, N.J.S.A. 2C:12-1.1 (count eight); and fourth- ...

docket:	A0103-05
court:	NJ Superior Court Appellate Division
decided:	2007-10-31
status:	unpublished
citation:
Document Size:	95011

883 STATE OF NEW JERSEY v. DARELL MCRAE -- rank: 521

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... evidentiary hearing. Before the PCR court, defendant challenged plea counsel's effectiveness. On appeal, defendant reprises the same argument. We affirm ... and procedural history were accurately summarized in the PCR court's decision and accompanying opinion and need not be repeated here ... At this point, defendant ripped the back of the victim's clothing and penetrated her vagina with his penis. A-3780 ... and indicted for twelve counts including attempted murder, N.J.S.A. 2C:5-1(a) and N.J.S.A. 2C:11-3(1)(2). He then pled ...

docket:	a3780-21
court:	NJ Superior Court Appellate Division
decided:	2024-03-11
status:	Unpublished
citation:
Document Size:	23512

884 STATE OF NEW JERSEY v. KARRIEM SANCHEZ -- rank: 521

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... conspiracy to possess with intent to distribute heroin, N.J.S.A. 2C:5-2 (count one); third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1) (count two); third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(l) and N.J.S.A. 2C:35- 5(b)(3) (count three); third-degree ... to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (count four); and second-degree ...

docket:	a1059-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-06
status:	unpublished
citation:
Document Size:	34753

885 STATE OF NEW JERSEY v. MARKUS SAUNDERS -- rank: 521

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... for the reasons set forth in Judge Michael A. Petrolle's thorough and thoughtful written opinion. We add the following remarks ... possess and possession with intent to distribute marijuana, N.J.S.A. 2C:5-2 (count one); fourth-degree possession of over fifty grams of marijuana, N.J.S.A. 2C:35- 10(a)(3) (count two); second-degree ... but less than twenty-five pounds of marijuana, N.J.S.A. 2C:35- 5(a)(1), (b)(10)(b) (count ... distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count A-1707-20 2 ...

docket:	a1707-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-25
status:	Unpublished
citation:
Document Size:	20518