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4231 STATE OF NEW JERSEY v. JAMES WILLIAMS -- rank: 251

... NEW JERSEY, Plaintiff-Respondent, v. JAMES WILLIAMS, Defendant-Appellant. ____________________________________ July 2, 2009 Submitted March 31, 2009 - Decided Before Judges Wefing and ... obviously guilty.' State v. Berezansky, 386 N.J. Super. 84, 90 (App. Div. 2006), certif. granted, 191 N.J. 317 (2007 ... U.S. 36, 62, 124 S. Ct. 1354, 1371, 158 L. Ed. 2d 177, 199 (2004)). Even prior to Crawford, our Supreme ... was not clearly capable of producing an unjust result. R. 2:10-2. Smith said she was '99% certain' in her identification ...

docket:	a2112-06
court:	NJ Superior Court Appellate Division
decided:	2009-07-02
status:	unpublished
citation:
Document Size:	14865

4232 STATE OF NEW JERSEY v. DAVID POWELL -- rank: 251

... denied , 549 U.S. 1078 , 127 S. Ct. 740 , 166 L. Ed.2d 563 (2006), the judge concluded that the stop was ... s arguments and conclude that they are without merit. R. 2:11-3(e)(2). We add the following observations. Although defendant parses out various ... See State v. Otero , 245 N.J. Super. 83 , 89-90 (App. Div. 1990) (noting the importance of officer safety as ...

docket:	a6011-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-16
status:	unpublished
citation:
Document Size:	15117

4233 STATE OF NEW JERSEY v. BONG CHANG -- rank: 251

... TO A VIOLATION OF N.J.S.A. 39:50-.2 WAS NOT PROVED. Substantially for the reasons articulated by Judge ... Statement), pursuant to N.J.S.A. 39:4-50.2. The full text of those eleven paragraphs is as follows ... sum of no less than $300, and no more than $2,000 for your refusal conviction. Any license suspension or revocation ... a Motor Vehicle - N.J.S.A. 39:4-50.2(e).] Officer Sporer testified that as he read each numbered ... to a violation of N.J.S.A. 39:50-.2. Rather, that paragraph was intended merely as an additional "procedural ... e) of the N.J.S.A. 39:4-50.2 does provide, in pertinent part, that "[t]he police ...

docket:	A1894-06
court:	NJ Superior Court Appellate Division
decided:	2007-10-30
status:	unpublished
citation:
Document Size:	56802

4234 STATE OF NEW JERSEY v. SHAWN WILLIAMS -- rank: 251

... denied , 347 U.S. 951 , 74 S. Ct. 675 , 98 L. Ed. 1097 (1954). A court's amendment power, however, is limited ... error, or error capable of producing an unjust result. R. 2:10-2; State v. Walker , 203 N.J. 73 , 89-90 (2010). N.J.R.E. 701 governs the admissibility of ... s improper lay opinion, no unjust result occurred here. R. 2:10-2. C. We now turn to defendant's ...

docket:	a4277-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-22
status:	unpublished
citation:
Document Size:	33525

4235 CAMDEN COUNTY COUNCIL ON ECONOMIC OPPORTUNITY, INC. v. CITY OF CAMDEN -- rank: 251

... tax years 2008 through 2010, the assessor placed an aggregate 2 assessment of $1,200,000 on the three parcels. For ... 2013 through 2018, the assessor raised the aggregate assessment to $2,704,100. 1 The court's findings of fact concern ... order as a matter of law.” Rule 4:46-2 (c). In Brill v. Guardian Life Ins. Co., 142 N ... deciding a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with respect ... of Teaneck v. Lutheran Bible Inst., 20 N.J. 86 , 90 (1955)). These standards, however, do “not justify 6 distorting ... A claimant must demonstrate that: (1) it owns the property; (2) it is organized exclusively for charitable purposes and is ...

docket:	11115-08
court:	NJ Tax Court
decided:	2019-04-18
status:	Unpublished
citation:
Document Size:	40009

4236 STATE OF NEW JERSEY v. JAMES EDWARD RICHARDSON -- rank: 251

... obtaining or selling CDS, N.J.S.A. 2C:33-2.1. That statute provides in relevant part: * * * b. A person ... distributing a controlled dangerous substance or controlled substance analog; and (2) engages in conduct that, under the circumstances, manifests a purpose ... to or stopping pedestrians or motorists in a public place; (2) Repeatedly passing objects to or receiving objects from pedestrians or ... that is used to satisfy the element described in paragraph (2) of subsection b. of this section. Defendant argues on appeal ... the Legislature in adopting N.J.S.A. 2C:33-2.1. We concluded that: The wandering element of section b ... charge given pursuant to N.J.S.A. 2C:33-2.1 was inapplicable to the case, and any error ...

docket:	a3663-05
court:	njappellate
decided:	2007-12-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	34172

4237 JUAN RAMOS v. PHARMACEUTICAL FORMULATIONS, INC., et al. -- rank: 251

... Court of New Jersey, Law Division, Civil Part, Middlesex County, L-8854-02. Neal M. Unger argued the cause for appellant ... A grievance filed by another worker complained that Smylla "scream[ed]" at her and made "threatening gestures" during a "temper tantrum ... 27 and 28, 2000, plaintiff called in sick. On October 2 or 3 , plaintiff called in sick again. He left a ... the medical certification form to Zullo. In letters dated May 2 and 20, 2002, plaintiff's attorney wrote to PFI claiming ... issue of material fact for purposes of Rule 4:46-2." Ibid. In deciding that plaintiff's claims were barred by ... particular date. Plaintiff requested a disability leave application on 10/2. Apparently[,] I guess he knew of the form. It' ...

docket:	A1293-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-16
status:	unpublished
citation:
Document Size:	54435

4238 PAMELA A. SCHVEY v. ROBERT M. SCHVEY -- rank: 251

... 6316-02 (App. Div. June 6, 2005) (slip op. at 2). According to plaintiff, the matter was previously remanded because the ... sum consists of: (1) $56,898 from life insurance policies; (2) $400,000 from the Royal [JeffGreg] property; (3) $463,309 ... I'm choosing are Wednesday, March 1 and Thursday, March 2, both times at 1:30. Mrs. Schvey will go first ... of March 1, and Mr. Schvey, in regard to March 2, and this is how I want you to break it ... categories, enforcement being Category No. 1, modification being Category No. 2, and new relief being Category No. 3. In an apparent ... truth.'" (quoting California v. Green , 399 U.S. 149 , 158, 90 S. Ct. 1930 , 1935, 26 L. Ed.2d 489 , ...

docket:	A0150-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-23
status:	unpublished
citation:
Document Size:	63104

4239 STATE OF NEW JERSEY v. ANTHONY D. MCEACHIN -- rank: 251

... a law enforcement officer, N.J.S.A. 2C:29-2(b). On September 19, 2014, he was sentenced to seven ... driver of the vehicle. N.J.S.A. 2C:29-2(b) states that "it shall be a rebuttable presumption that ... result," or require reversal in the interest of justice. R. 2:10-2. I. Defendant's contentions in Points I and II challenge ... of Carter's identification in the absence of a Wade 2 hearing. He argues that the court should have sua sponte ... level of confidence immediately after the identification. Id. at 289-90. If there is some actual proof of suggestiveness, the ...

docket:	a1158-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-09
status:	unpublished
citation:
Document Size:	19892

4240 STATE OF NEW JERSEY v. DARNELL BLAND -- rank: 251

... mark next to them and others marked with a "no"; (2) several rolls of duct tape; (3) a videotape depicting the ... of a motor vehicle: (1) the stop must be unexpected; (2) the police must have probable cause to believe that the ... in Chambers v. Maroney , 399 U.S. 42 , 51-52, 90 S. Ct. 1975 , 1981, 26 L. Ed.2d 419 , 428 (1970), permitting warrantless searches of vehicles impounded ...

docket:	a6313-06
court:	superior court appellate division
decided:	2010-08-16
status:	unpublished
citation:
Document Size:	44646

4241 BRIAN HARRIS v. DR. ALAN R. HECHT, et al. -- rank: 251

... Superior Court of New Jersey, Law Division, Somerset County, SOM-L-4-02. Stephen H. Schechner argued the cause for appellants ... of meat flopping around in [his] mouth as [he] talk[ed]" and it was "just as if [his tongue had been ... denying their motion to dismiss pursuant to Rule 4:37-2(b), even though plaintiff allegedly failed to establish a claim ... Dr. Marged's expert testimony constituted an inadmissible net opinion; (2) limiting the testimony of plaintiff's treating physician, Dr. Ziccardi ... plaintiff's case for dismissal pursuant to Rule 4:37-2(b). The crux of defendants' argument in support of this ... in the light most favorable to plaintiff, Rule 4:37-2(b), Verdicchio , supra , 179 N.J. at 30, we ...

docket:	A0677-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-23
status:	unpublished
citation:
Document Size:	52890

4242 STATE OF NEW JERSEY v. ROBERT M. RIVERA -- rank: 251

... from the trial record. On July 9, 2010, at approximately 2:00 a.m., Trenton Police Department patrol officers Wilfredo Delgado ... the State emailed a request for inclusion of a Clawans 2 charge to address defendant's failure to produce his brother ... never noticed of an alibi defense. See R. 3:12-2(a) (requiring a defendant relying on an alibi furnish notice ... of the testimony the witness might be expected to give; (2) that the witness is available to that party both practically ... turn in its deliberations." State v. Martin , 119 N.J. 2 , 15 (1990). "So critical is the need for accuracy that ... 559 (citing In re Winship , 397 U.S. 358 , 363, 90 S. Ct. 1068 , 1072, 25 L. Ed.2d 368 , ...

docket:	a5599-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-14
status:	Published
citation:
Document Size:	31282

4243 A-0FRANCISCO SANCHEZ v. NEW JERSEY DEPARTMENT OF CORRECTIONS April 2, 2015 -- rank: 251

... SANCHEZ, Appellant, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, Respondent. __________________________________ April 2, 2015 Submitted March 24, 2015 – Decided Before Judges Accurso ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We will not upset the determination of ... J. Racing Comm'n , 202 N.J. Super. 484 , 489-90 (App. Div.), certif. denied , 102 N.J. 337 (1985). The ... not a right." N.J.A.C. 10A:9-4.2; Moore , supra , 335 N.J. Super. at 109 . The ICC ...

docket:	a3541-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-24
status:	unpublished
citation:
Document Size:	12784

4244 STATE OF NEW JERSEY v. THOMAS STEPHEN PENDLETON -- rank: 251

... Court of New Jersey, Law Division, Burlington County, Indictment No. 90-12-1013. Andrew F. Schneider, attorney for appellant. Robert D ... opinion. State v. Pendelton , A-6333-92 (App. Div. Dec. 2, 1994) (slip op. at 36), certif. denied , 141 N.J ... pursuant to N.J.S.A. 2A:82-46(c). 2 Defense counsel requested a hearing to demonstrate good cause existed ... relief is premised upon newly-discovered evidence. R. 3:20-2. Evidence is newly discovered and sufficient to warrant the grant ... the issue and not merely cumulative or impeaching or contradictory; (2) discovered since the trial and not discoverable by reasonable diligence ... by analogy to existing discovery rules, see R. 3:13-2 to -4, in designing an appropriate PCR discovery order. ...

docket:	a3198-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	22215

4245 STATE OF NEW JERSEY v. CHARLES S. THOMAS -- rank: 251

... Release Act (NERA), N.J.S.A. 2C:43-7.2, to the maximum base term (ten years) of defendant's ... previously required, see State v. Dunbar , 108 N.J. 80 , 90 (1987), now became simply another factor for consideration in deciding ... Pearce , 395 U.S. 711 , 89 S. Ct. 2072 , 23 L. Ed.2d 656 (1969), State v. Eigenmann , 280 N.J. Super ... matter is appropriate for exercise of our original jurisdiction. R. 2:10-5. As we have explained, defendant's involvement in ...

docket:	a6113-02_1
court:	NJ Superior Court Appellate Division
decided:	2007-07-20
status:	published
citation:
Document Size:	25109