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3256 STATE OF NEW JERSEY v. E.R.-L -- rank: 342

... 18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. E.R.-L., Defendant-Appellant. ________________________ Submitted November 16, 2020 – Decided December 2, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal ... was delivered by DeALMEIDA, J.A.D. Defendant E.R.-L.1 appeals his conviction after a jury trial of two ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); (2) second-degree 1 We identify defendant by his initials and ... identity. R. 1:38-3(c)(9). A-3188-18 2 sexual assault, N.J.S.A. 2C:14-2( ...

docket:	a3188-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-02
status:	Unpublished
citation:
Document Size:	51345

3257 STATE OF NEW JERSEY v. COREY MORRIS -- rank: 342

... Defendant-Appellant. _______________________________ Submitted December 10, 2007 - Decided Before Judges S.L. Reisner, Gilroy and Baxter. On appeal from the Superior Court ... Deputy Public Defender, of counsel and on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... these arguments: POINT I: THE DEFENDANT/APPELLANT'S JUNE 9, 2 003 STATEMENT MADE AT 5 :22 PM DURING CUSTODIAL INTERROGATION ... latter argument under the plain error rule. R. 1:7-2; R. 2:10-2. We review a trial judge's decision to shackle ...

docket:	A2623-05
court:	NJ Superior Court Appellate Division
decided:	2008-01-17
status:	unpublished
citation:
Document Size:	59280

3258 Caravaggio v. D'Agostini, M.D. -- rank: 342

... fact not defective. 1. N.J.S.A. 2A:14-2 gives a plaintiff a two year period from the accrual ... of the third party's possible complicity. (Pp. 8-16) 2. Plaintiff had no reason to doubt her physician's assessment ... most favorable to Mrs. Caravaggio pursuant to R. 4:46-2(c), the court granted the motion, concluding that Mrs. Caravaggio ... limited solely to the statute of limitations issue. See footnote 2 2 We now reverse.                          II      N.J.S.A. 2A:14-2 gives a plaintiff a two year period from the ...

docket:	a-114-99
court:	njsupreme
decided:	2001-01-22
status:
citation:	166 N.J. 237
Document Size:	66218

3259 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.C. -- rank: 342

... Defendant-Appellant, and R.G., Defendant. _______________________________________ IN THE MATTER OF L.G., a minor. _______________________________________ October 10, 2014 Submitted October 1, 2014 ... Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor L.G. (Janet L. Fayter, Designated Counsel, on the brief). PER CURIAM Defendant J ... order finding that she had abandoned and neglected her daughter L.G. (Lisa). We affirm in part and reverse in part ... of January 15, plaintiff Division of Youth and Family Services 2 (Division) received a telephone call from the Fairview Police Department ... A return date on the OTSC was set for February 2. The Division subsequently alleged that Jane and Ron had ...

docket:	a4460-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-10
status:	unpublished
citation:
Document Size:	45987

3260 CHARLES & PRISCILLA KURAK VS A.P. GREEN REFACTORIES COMPANY, ET AL., & OWENS CORNING FIBERGLASS CORP. -- rank: 342

... MANUFACTURING CO., ROOTS CONNERSVILLE, STATE INSULATION CORPORATION, TURNER & NEWALL, P.L.C., U.S. GYPSUM CO., WORTHINGTON CORPORATION, and YORK INDUSTRIES ... on a monthly basis, enter and work in buildings 89, 90, 91, 105, 107, and 109. He would occasionally spend time ... brushed against it. He described the pipes in buildings 89, 90, and 91 as "covered with dust." In the early 1950 ... repair, and he put Kaylo in buildings 70, 80-84, 90, 92, 105, 107, 109, and in "a lot of buildings ... a monthly basis during those last thirteen years in buildings 90, 105, 107, and 109, where Montzi also recalled installing this ... for * * * at least 3 to 4 months, a minimum of 2 days per week in the ship's boiler room, ...

docket:	a2886-94
court:	njappellate
decided:	1997-03-03
status:	published
citation:	298 N.J.Super. 304
Document Size:	73735

3261 STATE OF NEW JERSEY v. GABRIEL TORRES -- rank: 342

... permissible under State v. Bankston , 63 N.J. 263 (1973), (2) agreed to by defense counsel, and (3) appropriate in light ... regard was "clearly capable of producing an unjust result". R. 2:10-2; see also R. 1:7-2. The possibility of an unjust result must be "sufficient to ... 268 (citing McCormick on Evidence § 248, p. 587 (2d ed. 1972)). Nonetheless, when an officer's testimony becomes more specific ... U.S. 284 , 294, 93 S. Ct. 1038 , 1045, 35 L. Ed.2d 297 , 308 (1973)), cert. denied , 540 U. ...

docket:	a5697-03
court:	njappellate
decided:	2007-03-19
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	48952

3262 JOHN PAFF v. OFFICE OF THE PROSECUTOR OF THE COUNTY OF WARREN -- rank: 342

... Court of New Jersey, Law Division, Warren County, Docket No. L-0034-13. Joseph J. Bell, IV, Warren County Counsel, argued ... complaint. She entered a confirming order on June 28, 2013. 2 However, the judge reserved decision on whether plaintiff could obtain ... Whether Plaintiff Could Demonstrate A Heightened And More Particularized Need. 2. The Need For Confidentiality Does NOT Necessarily Expire Upon Closure ... requirements: "(1) the records must be common-law public documents; (2) the person seeking access must establish an interest in the ... functions by discouraging citizens from providing information to the government; (2) the effect disclosure may have upon persons who have given ... Jersey Media Grp., Inc. , supra , 441 N.J. Super. at 90. However, OPRA also provides that "[n]othing contained in [ ...

docket:	a2426-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-09
status:	unpublished
citation:
Document Size:	33549

3263 STATE OF NEW JERSEY v. ROBERSON BURNEY -- rank: 340

... the interrogating detectives had failed to properly administer Miranda1 warnings; (2) the trial court erred in permitting expert testimony by an ... v. Arizona, 384 U.S. 436 (1966). A-1342-18 2 that photographs of her stolen watch had been extracted from ... shotgun entered the house of Rosette Martinez in Bloomfield. Rosette 2 was with her daughter, Samantha Martinez, and her daughter's ... at the time of the home invasion, had hired a 2 Because multiple witnesses and victims share the same surname, we ... The robber told them 'ten minutes [was] all he need[ed],' and left shortly thereafter. The women freed each other from ... second-degree armed burglary, N.J.S.A. 2C:18-2; three counts of fourth-degree aggravated assault, N.J. ...

docket:	a1342-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-31
status:	Published
citation:
Document Size:	73687

3264 STATE OF NEW JERSEY v. JOHN A. DENOFA -- rank: 340

... 188, 196-99, 93 S. Ct. 375 , 380-82, 34 L. Ed.2d 401 , 409-11 (1972); State v. Santoro , 229 N ... an exotic dancer on the 9:00 p.m. to 2:00 a.m. shift that evening, first observed defendant shortly ... defendant off at his red pick-up truck at about 2:00 or 2:15 a.m. He did not stumble or weave as ... dancer at Diva's, left the club that night between 2:15 and 2:30 a.m., accompanied by Siani ...

docket:	a4303-02
court:	njappellate
decided:	2005-03-01
status:	published
citation:	375 N.J. Super. 373
Document Size:	49583

3265 STATE OF NEW JERSEY v. I.S. -- rank: 340

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (count one); second-degree child endangering, N.J.S ... Release Act (NERA), N.J.S.A. 2C:43-7.2. In addition to mandatory assessments and penalties, the judge imposed ... contact and other basic information, and read defendant his Miranda 2 rights. He waived his right to remain silent and was ... denied , 558 U.S. 831 , 130 S. Ct. 65 , 175 L. Ed.2d 48 (2009). In Nyhammer , the defendant initially believed he ... made claims against the defendant as well. Id. at 389-90. At the beginning of the interview, the defendant waived ...

docket:	a5030-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-20
status:	unpublished
citation:
Document Size:	32446

3266 STATE OF NEW JERSEY v. ANTHONY WILSON -- rank: 340

... pursuant to N.J.S.A. 2C:43-7.1b(2) (a provision in the "Three Strikes Law"), to twenty years ... Early Release Act, N.J.S.A. 2C:43-7.2. Because the jury instructions regarding accomplice liability were inaccurate and ... The police interviewed defendant on that date, after administering Miranda 2 warnings. The police advised defendant of the incident they were ... armed robbery, N.J.S.A. 2C:15-1a(1); (2) first-degree carjacking, N.J.S.A. 2C:15-2a ... A. 2C:15-1; N.J.S.A. 2C:5-2. No other assailants were ever identified or apprehended. At defendant ... v. Bielkiewicz , 267 N.J. Super. 520 , 531-32 n.2 (App. Div. 1993). The capacity to mislead the jurors ...

docket:	a4243-07
court:	NJ Superior Court Appellate Division
decided:	2009-11-24
status:	unpublished
citation:
Document Size:	56273

3267 IN RE APPLICATION OF GLEN GILMORE AND MICHAEL DUPONT TO CONTEST THE VALIDITY ENACTMENT OF SENATE BILL 2328 (P.L. 2001, c.73) -- rank: 340

... THE VALIDITY OF THE ENACTMENT OF SENATE BILL 2328 (P.L. 2001, c.73) ____________________________________         Argued on an emergent application May 8 ... Glen Gilmore and Michael Dupont brought these proceedings to invalidate L. 2001, c. 73 (Chapter 73) because of procedural irregularities that ... According to the Senate Journal, a quorum was registered at 2:52 p.m., signifying that at least twenty-one Senators ... quorum to do business," N.J. Const. , art. IV, § 4, ¶ 2 (1948), (2) "[a]ll bills and joint resolutions shall be read three ... and combining the two with the quorum provision in paragraph 2 to manufacture a new procedural requirement for enactment of ...

docket:	a4533-00
court:	njappellate
decided:	2001-05-08
status:	published
citation:	340 N.J. Super. 303
Document Size:	21287

3268 STATE OF NEW JERSEY v. ROBERT PARRISH -- rank: 340

... in the admission of certain documents and testimony at trial; (2) improper jury instructions; and (3) lack of support for the ... to suppress the statements. The court also held a Sands 2 hearing and ruled that defendant's prior convictions could be ... s check registers were incomplete and no reconciliations were prepared; (2) there were two Center bank accounts sharing the same tax ... cash payments and debits was not reported on a W-2, however, a 1099 was subsequently created and showed the director ... Freehold YMCA for defendant's recreational activities. Defendant's W-2 reflected $3,552 for payment as a janitor, which was ... 05 comprised mostly of cash and debit transactions and only $2,813.31 itemized expenses; (8) $2,315 listed as ...

docket:	a4781-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-24
status:	unpublished
citation:
Document Size:	59695

3269 STATE OF NEW JERSEY v. LAWRENCE TOODLE -- rank: 340

... one); second-degree burglary, N.J.S.A. 2C:18-2 (count two); third-degree terroristic threats, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2(a). The judge imposed five-year terms on each remaining ... sentencing and for a lesser sentence, but defendant "had 35[ 2 ] arrests . . . [and] nine prior indictable convictions." With regard to claims ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693; State v. Fritz , 105 N.J. 42 ... 562 , 569 (App. Div. 1986), certif. denied , 107 N.J. 90 (1987). The State agrees that the two theft offenses ...

docket:	a2186-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-11
status:	unpublished
citation:
Document Size:	21129

3270 STATE OF NEW JERSEY v. DARREN M. COMMANDER -- rank: 340

... A., attorneys for appellant (Anthony R. Mautone, of counsel; Hilary L. Brunell, on the briefs). Gaetano T. Gregory, Acting Hudson County ... a car, N.J.S.A. 2C:12-1(b)(2) (count one). He was acquitted of third-degree possession of ... on appeal, we affirm. On February 23, 2012, J.S. 2 reported that a car struck him in front of his ... U.S. 98 , 106, 97 S. Ct. 2243 , 2249, 53 L. Ed.2d 140 , 149 (1976). In Henderson , supra , our Supreme Court ... 1. Blind Administration. Was the lineup procedure performed double-blind? . . . 2. Pre-identification Instructions. Did the administrator provide neutral, pre- ...

docket:	a5288-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-30
status:	Published
citation:
Document Size:	35820