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46 STATE OF NEW JERSEY v. K.C. -- rank: 682

... eligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant claims that ... because the court did not include his theory that Eva's death was accidental; and his sentence was excessive. After a ... trying to grab her hands, while water from the bathtub's faucet splashed on her. Eva was moving her legs while ... dropped Eva back into the tub and dialed 911. Z.S. (Zelda), Eva's sister, testified that she saw defendant in the hospital later ... to the police, he told her, "don't worry." Eva's mother, R.V. (Renee), testified that when she saw ...

docket:	a0388-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-06
status:	unpublished
citation:
Document Size:	55771

47 STATE OF NEW JERSEY v. WALTER J. SCHWENK -- rank: 678

... conviction for driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50(a). For the reasons that follow ... Police Department and charged with driving while intoxicated, N.J.S.A. 39:4-50; driving while intoxicated within a school zone, N.J.S.A. 39:4-50(g); speeding, N.J.S.A. 39:4-98; failure to maintain lane, N.J.S.A. 39:4-88(b); and reckless driving, N.J.S.A. 39:4-96. After defendant's arrest, he ...

docket:	a5803-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-01
status:	unpublished
citation:
Document Size:	23315

48 STATE OF NEW JERSEY v. LESTER DENMON -- rank: 672

... to consult with him prior to trial. We affirm. Defendant’s first indictment (I-91-10-0134) involved a robbery of ... and the victim identified him as the robber. The victim's belongings were found in defendant's car. Defendant did not testify at trial. The jury convicted ... Supreme Court denied certification. 168 N.J. 295 (2001). Defendant's second indictment (I-95-09-1155) involved credit card theft ... remanded the matter for the PCR judge to address defendant's speedy trial and IAD arguments. On April 7, 2010, the ... PRIMA FACIE CASES OF TRIAL COUNSELS' INEFFECTIVENESS A. Indictment No. S-1034-91 1. Trial Counsel Induced Defendant Not To ...

docket:	a0168-09
court:	NJ Superior Court Appellate Division
decided:	2010-12-23
status:	unpublished
citation:
Document Size:	28658

49 STATE OF NEW JERSEY v. MICHAEL J. SIRIANI -- rank: 665

... State counters by arguing the motion judge properly denied defendant's application. We have considered these arguments in light of the ... photographic array or line-up, police investigation led to defendant's arrest on December 29. Apparently, co-defendant Vincent Allen told ... taken from the first convenience store was found in Allen's vehicle. Defendant has remained incarcerated since his arrest, and was ... right to a speedy trial[.]" On April 7, 2009, defendant's motion to dismiss was orally argued before the motion judge ... both subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, and, based upon defendant's "prior history," he faced a potential life sentence. The ...

docket:	a4115-08
court:	superior court appellate division
decided:	2009-09-09
status:	unpublished
citation:
Document Size:	35021

50 /usr/local/share/www/libweb/collections/courts/supreme/a2213-13.opn.html -- rank: 665

... A.D. Defendant Ricky Williams appeals from the trial court's July 29, 2013, order denying, without an evidentiary hearing, his petition for post-conviction relief (PCR). Having reviewed defendant's arguments in light of the record and applicable principles of ... of the case at length in our opinion affirming defendant's conviction and sentence on direct appeal. State v. Williams , No ... of heroin from Binbow, who was seated in the driver's seat of a parked automobile. Defendant was standing at the driver's side door. Upon spotting the police, defendant returned the package ... with drug dealing. Neither defendant nor Binbow testified. However, defendant's wife, daughter, and two neighbors testified. The daughter and ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	34395

51 STATE OF NEW JERSEY v. RICKY WILLIAMS, a/k/a CARL WILLIAMS, a/k/a RICKY T WILLIAMS, a/k/a RICKY THOMAS WILLIAMS -- rank: 665

... A.D. Defendant Ricky Williams appeals from the trial court's July 29, 2013, order denying, without an evidentiary hearing, his petition for post-conviction relief (PCR). Having reviewed defendant's arguments in light of the record and applicable principles of ... of the case at length in our opinion affirming defendant's conviction and sentence on direct appeal. State v. Williams , No ... of heroin from Binbow, who was seated in the driver's seat of a parked automobile. Defendant was standing at the driver's side door. Upon spotting the police, defendant returned the package ... with drug dealing. Neither defendant nor Binbow testified. However, defendant's wife, daughter, and two neighbors testified. The daughter and ...

docket:	a2213-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	34289

52 STATE OF NEW JERSEY v. DAVID J. ZUKOWSKI -- rank: 662

... of the disorderly persons offense of resisting arrest, N.J.S.A. 2C:29-2(a)(1). The judge imposed a ... municipal court.'" State v. Palma , 219 N.J. 584 , 591-92 (2014) (quoting State v. Joas , 34 N.J. 179, 184 ... In conducting our review, "[w]e defer to the judge's fact finding, and our 'review is limited to whether the ... sufficient credible evidence present in the record.'" State v. L.S. , 444 N.J. Super. 241 , 247-48 (App. Div. 2016 ... omitted). "We owe no deference, however, to the 'trial court's interpretation of the law . . . and the consequences that flow from ... J. at 382 ("The Law Division reviews the municipal court's decision de novo, but defers to credibility findings of ...

docket:	a5511-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-21
status:	unpublished
citation:
Document Size:	25799

53 STATE OF NEW JERSEY v. NASEEM ABDUL MUHAMMED -- rank: 662

... raises the following issues for our consideration: I.    THE PROSECUTOR'S REPEATED COMMENTS ON     SILENCE WERE INAPPROPRIATE AND     INFRINGED ON DEFENDANT'S RIGHT AGAINST     SELF-INCRIMINATION UNDER THE FIFTH     AMENDMENT AND STATE LAW. II.    DEFENDANT'S CONVICTION SHOULD BE     REVERSED BECAUSE THE COURT ADMITTED     NUMEROUS STATEMENTS ... FAILED TO PROVIED REQUIRED     INSTRUCTIONS TO THE JURY. III.    DEFENDANT'S CONVICTION FOR FOURTH     DEGREE CRIMINAL SEXUAL CONTACT SHOULD     BE REVERSED ... I and III are meritorious and warrant reversal of defendant's conviction. I     Defendant's principal contention is that the prosecutor's repeated references ...

docket:	a6420-01
court:	njappellate
decided:	2004-01-30
status:	published
citation:	366 N.J. Super. 185
Document Size:	48606

54 STATE OF NEW JERSEY v. WILLIAM B. MALLOY -- rank: 658

... of three counts of first degree armed robbery, N.J.S.A. 2C:39-5d. On November 16, 2001, Judge Donald ... The charges arise from the armed robbery of an ophthalmologist's office in Passaic. The facts are set forth in detail ... knife while he struggled to remove a wallet from Vogel's back pocket. Defendant pointed to the petty cash drawer, which ... Simmons, who was in the filing room out of defendant's presence, quietly closed the filing room door, turned off the ... lights and dialed 9-1-1. Defendant demanded Dr. Vogel's wallet. Dr. Vogel said it was in his office. Defendant pressed the knife into the doctor's back and pushed him to the back office. As ...

docket:	A1081-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-07
status:	unpublished
citation:
Document Size:	52119

55 STATE OF NEW JERSEY v. TRAVIS L. TOWNSEND, JR. -- rank: 658

... to cause serious bodily injury to Andre Banton, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (count one). In a successive trial ... of a handgun by a previously convicted person, N.J.S.A. 2C:43-7.2. On count six, defendant was ... POINT II THE STATE AND THE TRIAL COURT VIOLATED DEFENDANT'S RIGHTS TO A SPEEDY TRIAL AND DUE PROCESS AND THE ... COURT ERRED WHEN IT FAILED TO DISMISS THE INDICTMENT ( U.S. CONST. AMEND. VI, XIV; N.J. CONST. (1947), ART. I, PAR. 10). POINT III DEFENDANT'S MOTIONS FOR MISTRIAL SHOULD HAVE BEEN GRANTED AS HIS ...

docket:	A2366-05
court:	NJ Superior Court Appellate Division
decided:	2008-02-26
status:	unpublished
citation:
Document Size:	58900

56 STATE OF NEW JERSEY v. DINO ACCARIA -- rank: 655

... third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1) (Count One); second-degree ... a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(b)(2) (Count Two); and second ... distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (Count Three). Pursuant to a ... a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5(b)(2), and second-degree conspiracy ... distribute within 500 feet of a public park, N.J.S.A. 2C:5-2 and N.J.S.A. ...

docket:	a2966-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	unpublished
citation:
Document Size:	34726

57 STATE OF NEW JERSEY v. ROBERT B. FULFORD, IV -- rank: 655

... Trial Intervention (PTI) for the weapons offense. We reject defendant's arguments and affirm.                         I.     We recite the pertinent facts and ... under circumstances not manifestly appropriate for lawful use, N.J.S.A. 2C:39-5d. When defendant appeared before the Mt ... 18, 2000, Municipal Court Judge Philip J. Maenza denied defendant's speedy trial motion, and defendant conditionally pled guilty to driving ... after the speeding charge was merged. The judge suspended defendant's driving privileges, fined and surcharged defendant, and stayed the entire ... On February 6, 2001, Judge N. Peter Conforti denied defendant's appeal, but remanded the case to Mt. Olive Municipal Court because defendant's guilty plea lacked a factual basis. For unknown reasons, ...

docket:	A4056-00
court:	NJ Superior Court Appellate Division
decided:	2002-03-18
status:	published
citation:	349 N.J. Super. 183 793 A.2d 112
Document Size:	25671

58 STATE OF NEW JERSEY v. ALLEN MAY, -- rank: 652

... for respondent (Peter C. Harvey,     Acting Attorney General, attorney; Arthur S. Safir,     Deputy Attorney General, of counsel and on the brief ... a child: the second-degree crime established in N.J.S.A. 2C:7-1 to -19. Appropriate statutory fees, penalties ... IT PROHIBITS A SUBSTANTIAL AMOUNT OF PROTECTED SPEECH, N.J.S.A. 2C:24-4b in effect at the times charged ... affirmed sub nom. Ashcroft v. Free Speech Coalition , 535 U.S. 234 , 122 S. Ct. 1389 , 152 L. Ed.2d 403 (2002), in which ...

docket:	a3392-01
court:	njappellate
decided:	2003-08-18
status:	published
citation:	362 N.J. Super. 572
Document Size:	31068

59 STATE OF NEW JERSEY VS DUNCAN H. FARRELL -- rank: 648

... driving while under the influence of intoxicants (DWI), N.J.S.A. 39:4-88b. As in the Municipal Court, fines ... in the I.D.R.C. was ordered and defendant's driver's license was suspended for 180 days. The sentence was stayed ... COURT SHOULD HAVE DISMISSED         COMPLAINTS AGAINST DEFENDANT BECAUSE THE         STATE'S BAD FAITH IN CONDUCTING THE         PROSECUTION AND ITS GROSS NEGLECT ... AND         FAILURE TO TIMELY PROSECUTE VIOLATED         SUPREME COURT DIRECTIVES, DEFENDANT'S         SPEEDY TRIAL AND DOUBLE JEOPARDY RIGHTS,         AND JUDICIAL INTEGRITY.         A ... REPEATEDLY ASSERTED HIS     RIGHT TO A SPEEDY TRIAL.             4.    FARRELL'S PREJUDICE IS BEYOND     QUESTION.         C.    ADJOURNMENTS VIOLATED DOUBLE JEOPARDY              ...

docket:	a6842-96
court:	njappellate
decided:	1999-04-22
status:	published
citation:	320 N.J.Super. 425
Document Size:	77595

60 STATE OF NEW JERSEY v. DIANE L. WILLIAMS -- rank: 645

... by a jury of second-degree vehicular homicide, N.J.S.A. 2C:11-5b(1); third-degree assault by auto, N.J.S.A. 2C:12-1c(2); and two counts of fourth-degree assault by auto, N.J.S.A. 2C:12-1c(2). The judge sentenced her to ... supervision required by the No Early Release Act, N.J.S.A. 2C:43-7.2, and to a consecutive three ... family gathering. The force of the impact nearly ripped defendant's car in half and demolished the Chevy Impala with which ... shock and succumbed to her injuries eight days later. Defendant's companion was also airlifted from the scene with life- ...

docket:	a1610-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-10
status:	unpublished
citation:
Document Size:	37459