Search Rutgers Law Library N.J. Court Opinions

61 STATE OF NEW JERSEY v. EDWARD FORCHION -- rank: 642

... accordance with the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. He contends that the ... total of sixty-seven days of 'excludable time,' N.J.S.A. 2A:162-22(a), under the CJRA. We hold ... a case shall be indicted or tried' under N.J.S.A. 2A:162- 22(b) is de novo. We also ... the traditional deferential standard of review to the trial court's factual findings concerning the amount of time excluded. Applying these ... for second-degree and third-degree witness tampering, N.J.S.A. 2C:28- 5(a). The indictment was sealed and ... 2017, the indictment was unsealed. The State moved for defendant's pretrial detention on the charges of witness tampering, and ...

docket:	a0161-17
court:	NJ Superior Court Appellate Division
decided:	2017-09-13
status:	published
citation:	451 N.J.Super. 474 168 A.3d 1222
Document Size:	25169

62 STATE OF NEW JERSEY v. ANA HERRERA -- rank: 642

... conviction after a trial de novo in the Law Division, s ee R. 3:23-8(a), of obstructing administration of law, N.J.S.A. 2C:29-1a, for which she was sentenced to ... The prosecutor ultimately chose the latter course. Because of defendant's allegations regarding Starzynski's conduct, the New Brunswick police department conducted an internal affairs ... defendant filed a motion for dismissal based upon the State's failure to provide discovery. The motion was heard on April ... oral argument, defense counsel did not argue that her client's right to a speedy trial was being denied, that ...

docket:	A2418-06
court:	NJ Superior Court Appellate Division
decided:	2008-03-24
status:	unpublished
citation:
Document Size:	49700

63 STATE OF NEW JERSEY v. GLENN VANDERKOOY -- rank: 638

... Park Borough. These were: driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to take a breathalzyer test, N.J.S.A. 39:4-50.2; and speeding, N.J.S.A. 39:4-98. Judge Philip J. Maenza imposed the ... in DWI surcharges, $6 in fines, a three month driver's license suspension, and twelve hours attendance at an Intoxicated Driver ... Ruggiero was traveling southbound on Route 202 when his vehicle's Stalker Dual SL model radar detection device flashed, which typically ... traffic. Ruggiero observed defendant driving towards him and estimated defendant's speed to be about sixty-two miles per hour. ...

docket:	a1423-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-05
status:	unpublished
citation:
Document Size:	39572

64 STATE OF NEW JERSEY v. SHAREZ SHARZAMAN -- rank: 635

... 18, 2006 - Decided January 23, 2007 Before Judges Lintner and S.L. Reisner. On appeal from the Superior Court of New ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (Count One); third-degree unlawful possession ... J. 285 , 305 (2006) (citing Schneckloth v. Bustamonte , 412 U.S. 218 , 219, 93 S. Ct. 2041 , 2043-44, 36 L. Ed.2d 854 , 858 (1973 ... in obtaining the evidence. United States v. Leon , 468 U.S. 897 , 906, 104 S. Ct. 3405 , 3411-12, 82 ...

docket:	A0113-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-23
status:	unpublished
citation:
Document Size:	42438

65 STATE OF NEW JERSEY v. NELSON D. VILLANUEVA -- rank: 632

... Hsu, Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General, attorney; Ms. Hsu, of counsel and on ... of second-degree vehicular homicide of three victims, N.J.S.A. 2C:11-5a (counts four, five and six); fourth ... causing serious bodily injury to a fourth victim, N.J.S.A. 2C:12-1c(1) (count eight); three counts of ... while driving with a suspended or revoked license, N.J.S.A. 2C:40-22a (counts nine, ten and eleven), and ... while driving with a suspended or revoked license. N.J.S.A. 2C:40-22b (count twelve). Defendant was found not ... guilty of three counts of first-degree manslaughter, N.J.S.A. 2C:11-4 (counts one, two and three), ...

docket:	a3460-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-05
status:	unpublished
citation:
Document Size:	63276

66 STATE OF NEW JERSEY v. DREU FERGUSON JR. -- rank: 632

... a jury acquitted defendant of first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), but found ... lesser-included offense of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1); second-degree desecrating human remains, N.J.S.A. 2C:22-1(a)(1); and third-degree tampering with evidence, N.J.S.A. 2C:28-6(1). On May 18, 2015, he ... suffered from dementia, during the day. One of the father's brothers, K.F. (Kevin), 1 testified the father called him ... That same day, Brian went to and entered the father's house, and discovered he was not at home. However, ...

docket:	a5225-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-11
status:	unpublished
citation:
Document Size:	42034

67 STATE OF NEW JERSEY v. ROGER MAURO -- rank: 625

... Craig, Annin & Baxter, L.L.P., attorneys for respondent (Jeffrey S. Craig, on the brief). PER CURIAM This matter returns to ... distinguishable from those in Cahill and again determine that Mauro's speedy trial rights were not violated by the twelve-month ... after a night of drinking in a bar, the defendant's vehicle collided with a police vehicle, injuring the officer. Cahill , supra , 213 N.J. at 258. The defendant's blood alcohol level exceeded the legal limit and he was ... a speedy trial. Id. at 258, 262. In analyzing Mauro's claim, we first measure the entire length of the delay ... See id. at 272 (citing Barker v. Wingo , 407 U.S. 514 , 533, 92 S. Ct. 2182 , 2193-94, 33 ...

docket:	a4950-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-21
status:	unpublished
citation:
Document Size:	14618

68 PROFESSIONAL SOLUTIONS FINANCIAL SERVICES v. WILLIAM R. CREGAR, DDS -- rank: 625

... and credit clause compels the enforcement of a sister state's judgment regardless of whether such a judgment could not be ... knowing and voluntarily and is an essential term to Lessor's willingness to enter into this Lease. If this Lease is ... in the State or Federal Court located where the Assignee's Corporate Headquarters is located. This is known as a floating ... knowingly and voluntarily and is an essential term to Assignee's willingness to take an assignment of this Lease . You specifically ... knowing and voluntary and is an essential term to Assignee's willingness to take an assignment of this Lease. [Emphasis added ... headquartered in Iowa. The marketing system was installed in Cregar's offices and he began making lease payments. Within a ...

docket:	a2239-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-28
status:	unpublished
citation:
Document Size:	21910

69 STATE OF NEW JERSEY v. JAMES R. HOLMA -- rank: 622

... of Corey Grant, defendant was indicted for murder, N.J.S.A. 2C:11-3a(1) and (2), conspiracy to commit murder, N.J.S.A. 2C:11-3a(1) and (2) and N.J.S.A. 2C:5-2, possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a, and unlawful possession of a handgun, N.J.S.A. 2C:39-5b. He was tried before a jury ... A-1223-91 (App. Div. June 7, 1994). The State's petition for certification was denied. State v. Holman , 138 ...

docket:	a4774-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-17
status:	unpublished
citation:
Document Size:	42648

70 STATE OF NEW JERSEY v. RAKIM L. LOVE -- rank: 622

... Henderson were both convicted of first degree robbery, N.J.S.A. 2C:15-1; second degree conspiracy, N.J.S.A. 2C:5-2 and 2C:15-1; and third degree aggravated assault, N.J.S.A. 2C:12-1b(1). Love was also convicted of ... use of a juvenile to commit a crime, N.J.S.A. 2C:24-9. After merger, Love was sentenced to ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Henderson was also sentenced to ... approximately three months shy of his eighteenth birthday. Love, Henderson's cousin, had turned eighteen approximately one month earlier. On ...

docket:	a0925-08
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	56103

71 STATE OF NEW JERSEY v. RAKIM L. LOVE -- rank: 622

... Henderson were both convicted of first degree robbery, N.J.S.A. 2C:15-1; second degree conspiracy, N.J.S.A. 2C:5-2 and 2C:15-1; and third degree aggravated assault, N.J.S.A. 2C:12-1b(1). Love was also convicted of ... use of a juvenile to commit a crime, N.J.S.A. 2C:24-9. After merger, Love was sentenced to ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Henderson was also sentenced to ... approximately three months shy of his eighteenth birthday. Love, Henderson's cousin, had turned eighteen approximately one month earlier. On ...

docket:	a0610-08
court:	NJ Superior Court Appellate Division
decided:	2012-05-01
status:	unpublished
citation:
Document Size:	56112

72 STATE OF NEW JERSEY v. DALE ZAIRO -- rank: 615

... York bar, admitted pro hac vice, on the brief). Thomas S. Ferguson, Warren County Prosecutor, attorney for respondent (Dit Mosco, Assistant ... arrest for driving while under the influence (DWI), N.J.S.A. 39:4-50, and refusal to provide a breath sample, N.J.S.A. 39:4-50.2, defendant pled guilty to the ... the following points for our consideration: POINT ONE MR. ZAIRO'S PLEA WAS SUBSTANTIVELY AND PROCEDURALLY DEFECTIVE AND SHOULD BE VACATED UPON APPEAL. POINT TWO MR. ZAIRO'S CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL WAS VIOLATED[,] THEREBY WARRANTING ... failed to make the requisite inquiry to ensure that defendant's plea was fully knowing and voluntary, as the court ...

docket:	a5129-07
court:	superior court appellate division
decided:	2009-06-30
status:	Unpublished
citation:
Document Size:	65998

73 STATE OF NEW JERSEY v. ANNE SHEARMAN -- rank: 612

... while under the influence of intoxicating liquor (DUI), N.J.S.A. 39:4-50; refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.2; and related motor vehicle violations. Defendant's seven-month license suspension has been stayed pending appeal. Defendant ... AND THE LAW DIVISION TO IDENTIFY WHAT EITHER MEANT BY "S-1"; GIVEN THE IMPORTANCE OF THE VIDEO/AUDIO FOOTAGE RECORDED ... ONTO TEMPE WICK; AS A MATTER OF LAW, MS. SHEARMAN'S CONVICTION UNDER SUMMONS NO. 72777 SHOULD BE REVERSED. III. MS ... FOUND IT IMPRACTICABLE; AS A MATTER OF LAW, MS. SHEARMAN'S CONVICTION UNDER SUMMONS NO. 72779 SHOULD HAVE BEEN REVERSED. ...

docket:	a1780-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-21
status:	unpublished
citation:
Document Size:	55083

74 STATE OF NEW JERSEY v. DEMETRIOS V. PETTAS -- rank: 612

... conviction of driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50, after a trial de novo in ... every vehicle that came to the roadblock. After directing defendant's vehicle to stop at the roadblock, officer Steven Nepola of ... an odor of alcoholic beverage on his breath. At Nepola's instruction, defendant stepped out of his car and submitted to ... Department. Specifically, Nepola observed: an odor of alcohol on defendant's breath, that his eyes were bloodshot, his face appeared flushed ... the State proceeded against defendant solely on the arresting officer's observations. Defendant first appeared before the municipal court on August ... 25, 2010, because the State had not responded to defendant's discovery request. When the State again failed to honor ...

docket:	a5508-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-07
status:	unpublished
citation:
Document Size:	23714

75 STATE OF NEW JERSEY v. LEONARDO VARGAS-RODRIGUEZ -- rank: 612

... Law Division finding him guilty of simple assault, N.J.S.A. 2C:12-1(a). Having reviewed the record in light of applicable law, we affirm defendant's conviction, but remand to the Law Division for imposition of ... were sustained when defendant attacked her. Herrera photographed the victim's injuries at the scene and then sought out defendant. Herrera ... When defendant entered the hallway, Herrera pointed to the victim's injuries and asked him, "did [you] do this to her ... charged defendant with one count of simple assault, N.J.S.A. 2C:12-1(a). Defendant pleaded not guilty. Following ... counsel moved to exclude any hearsay testimony regarding the victim's statements to Herrera. The court held the victim's ...

docket:	a4475-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-20
status:	unpublished
citation:
Document Size:	29493