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91 STATE OF NEW JERSEY v. DAVID FIGUEROA -- rank: 561

... with three counts of first-degree armed robbery, N.J.S.A. 2C:15-1 (counts one, two, and three), resulting ... Inmate Records Coordinator Jennie Lugo to the Ocean County Sheriff's Department, advising that it had received and lodged a detainer ... of the attached form 1 and return it to [Lugo's] office." On January 10, 2007, Melissa Barbier, Esquire, the Assistant ... Form 1 on January 16, 2007, and the public defender's office received a copy of the signed document on March ... a letter dated January 7, 2008 to the public defender's office, in which he questioned the lack of progress on ... he "messed up because [he] never sent the facility [he's] now incarcerated in a copy of the detainer, which [ ...

docket:	a2553-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-25
status:	unpublished
citation:
Document Size:	35283

92 STATE OF NEW JERSEY v. TYRONE SMITH -- rank: 558

... with three counts of first-degree sexual assault, N.J.S.A. 2C:14-2a(1) (counts one, nine, and seventeen ... four counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(b) (counts two, ten, eighteen ... four counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(2)(c) (counts three, eleven, nineteen ... six); five counts of second-degre sexual assault, N.J.S.A. 2C:14-2b (counts five, thirteen, twenty-one, thirty ... counts of third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3a (counts six, fourteen, twenty-two, and ... four counts of fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b (counts seven, fifteen, twenty-three, ...

docket:	a0209-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-14
status:	unpublished
citation:
Document Size:	30341

93 STATE OF NEW JERSEY v. BENJAMIN P. FORTUNE -- rank: 558

... on the brief). PER CURIAM After defendant Benjamin P. Fortune's speedy trial motions were denied, he entered a plea of guilty to: first-degree racketeering, N.J.S.A. 2C:41-2c; second-degree conspiracy and armed robbery, N.J.S.A. 2C:5-2 and 15-1; and first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a. The State agreed to dismiss related ... aggregate term (twenty-three years) was consistent with the State's sentence recommendation in the plea agreement. On appeal, defendant contends ... FEDERAL AND STATE CONSTITUTIONAL RIGHTS TO A SPEEDY TRIAL. U.S. Const. , Amends VI, XIV; N.J. Const. (1947), Art. ...

docket:	a2559-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-28
status:	unpublished
citation:
Document Size:	20361

94 STATE OF NEW JERSEY v. RALPH CALITRE -- rank: 555

... conviction for driving while under the influence (DWI), N.J.S.A. 39:4-50, and disregard of marked lanes, N.J.S.A. 39:4-88(b), pursuant to Rule 3:23 ... plea, requested discovery, and filed a motion to suppress defendant's statements to police, as well as a separate motion to ... and the interlocutory appeal was initially denied. On the State's application for reconsideration, however, heard and decided on July 1 ... hearing in the Law Division on September 10, 2010. Defendant's attorney requested the matter be carried once to September 23 ... on October 27, 2011, at a special session. The State's first witness was thoroughly examined and cross-examined. At ...

docket:	a2262-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-28
status:	unpublished
citation:
Document Size:	20560

95 STATE OF NEW JERSEY v. LARRY KUSHNER -- rank: 551

... and sentence for second-degree theft by deception, N.J.S.A. 2C:20-4, and third-degree failure to file a tax return, N.J.S.A. 54:52-8. For the reasons that follow, we ... second-degree theft by deception (counts one-five), N.J.S.A. 2C:20-4; two counts of third-degree theft by deception (counts six-seven), N.J.S.A. 2C:20-4; second-degree theft of identity (count eight), N.J.S.A. 2C:21-17a(1); fourth-degree false statements made in procuring a credit card (count nine), N.J.S.A. 2C:21-6b; third-degree fraudulent use of ...

docket:	a2870-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-03
status:	unpublished
citation:
Document Size:	26282

96 STATE OF NEW JERSEY v. CRAIG SZEMPLE, -- rank: 551

... was delivered by STERN, P.J.A.D.     After defendant's motion to dismiss the indictment on speedy trial grounds was ... defendant argues:     POINT I    THE COURT ERRED IN DENYING DEFENDANT'S MOTION             TO DISMISS THE INDICTMENT BECAUSE THE DEFENDANT'S             SIXTH AMENDMENT CONSTITUTIONAL RIGHT TO A SPEEDY             TRIAL WAS VIOLATED     POINT II    THE COURT ERRED IN DENYING DEFENDANT'S MOTION             TO DISMISS THE INDICTMENT BECAUSE THE DEFENDANT'S             SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF             COUNSEL WAS VIOLATED ... III    THE TRIAL COURT COMMITTED REVERSIBLE ERROR             BY ABROGATING DEFENDANT'S ASSERTION OF HIS             SIXTH AMENDMENT RIGHT OF SELF-REPRESENTATION      ...

docket:	a5965-97
court:	njappellate
decided:	2000-06-22
status:	published
citation:	332 N.J.Super. 322
Document Size:	16846

97 STATE OF NEW JERSEY v. MARTINE J. TAYLOR -- rank: 541

... appeals from his conviction for third-degree arson, N.J.S.A. 2C:17-1b. We affirm. We discern the following ... the residence catch fire after defendant exited the home. Defendant's employer testified that on the day of the fire, defendant ... defendant not guilty of second-degree aggravated arson, N.J.S.A. 2C:17-1a, but guilty of a lesser-included offense of third-degree arson, N.J.S.A. 2C:17-1b. The judge treated defendant as a ... POINT I THE TRIAL COURT ERRED IN GRANTING THE STATE'S REQUEST TO INSTRUCT THE JURY ON THIRD[-]DEGREE ARSON AS A "LESSER[-]INCLUDED OFFENSE" BECAUSE THE STATE'S THEORY OF THE CASE, AND THE TESTIMONY ELICITED FROM ...

docket:	a4745-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	32968

98 STATE OF NEW JERSEY v. KARIM GHODBANE -- rank: 541

... September 13, 2010 conviction for driving while intoxicated, N.J.S.A. 39:4-50. As a second offender, he was sentenced to a two-year driver’s license suspension, forty-eight hours in the Intoxicated Driver Resource ... 2:00 a.m. He saw defendant in the driver's seat of his car, sitting still and "looking straight up with [his] mouth open." The car's engine was running with the headlights on. Defendant was sleeping ... Believing any other testing would be unsafe due to defendant's intoxicated condition, O'Brien then placed defendant under arrest and ... the evidence for you to use or not use. That's up to you. But I would like to introduce ...

docket:	a0875-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-12
status:	unpublished
citation:
Document Size:	32738

99 STATE OF NEW JERSEY v. J.G. -- rank: 531

... when they were less than thirteen years old, N.J.S.A. 2C:14-2(a), (counts 1 and 8); two ... least thirteen but less than sixteen years old, N.J.S.A. 2C:14-2(a), (counts 2 and 9); second ... least sixteen but less than eighteen years old, N.J.S.A. 2C:14-2(c), (count 3); two counts of ... and he was at least four years older, N.J.S.A. 2C:14-2(b), (counts 4 and 10); two ... least thirteen but less than sixteen years old, N.J.S.A. 2C:14-3(a), (counts 5 and 11); fourth ... least sixteen but less than eighteen years old, N.J.S.A. 2C:14-3(b), (count 6); two counts ...

docket:	a2479-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-14
status:	unpublished
citation:
Document Size:	24233

100 STATE OF NEW JERSEY v. ALLEN ESSNER -- rank: 531

... was convicted of first-degree murder, pursuant to N.J.S.A. 2C:11-3, and second-degree possession of a ... AND RESTRAINING ORDER WAS CONFUSING AND INADEQUATE TO PROTECT ESSNER'S RIGHTS. POINT II ESSNER'S CONSTITUTIONAL RIGHTS WERE VIOLATED BECAUSE HE WAS DENIED THE ASSISTANCE ... HIS POST-CONVICTION RELIEF PETITION. (Not Raised Below). In defendant's first point, he argues that the jury charge with respect ... direct appeal. However, even if we were to consider defendant's substantive argument, we would find it to be without merit ... is factually and logically flawed. At the trial, the victim's wife, who was also defendant's paramour, testified that ...

docket:	a3354-06
court:	njappellate
decided:	2009-02-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	32651

101 STATE OF NEW JERSEY v. ANTONIO L. BENDERS -- rank: 531

... appellant (Kevin G. Byrnes, Designated Counsel, on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Brian Uzdavinis, Deputy Attorney ... for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); second-degree certain persons not to possess weapons, N.J.S.A. 2C:39-7(b); and second-degree possession with ... dangerous substance within 500 feet of public property, N.J.S.A. 2C:35-7.1(a) and -5. After consideration ... charges. On April 4, 2011, the trial judge denied defendant's speedy trial motion. The court found that the four months between the completion of defendant's parole violation sentence and the court date did not ...

docket:	a0744-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-28
status:	unpublished
citation:
Document Size:	14251

102 STATE OF NEW JERSEY v. MICHAEL CAHILL -- rank: 531

... following de novo review on August 31, 2010, granting defendant's motion to dismiss certain motor vehicle violations on speedy trial grounds and vacating defendant's conditional guilty plea to one of those violations as well ... arrested and charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50; consumption of alcohol while operating a motor vehicle, N.J.S.A. 39:4-51a; possession of an open container of alcohol while on a public highway, N.J.S.A. 39:4-51b; and reckless driving, N.J.S.A. 39:4-96. On April 10, 2008, he ...

docket:	a0617-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-28
status:	unpublished
citation:
Document Size:	16643

103 STATE OF NEW JERSEY v. JULIUS DAVIS -- rank: 531

... Law Division, Mercer County, Indictment No. 06-04-0481. James S. Friedman, LLC, attorneys for appellant (James S. Friedman, of counsel and on the brief). Joseph L. Bocchini ... with first-degree aggravated manslaughter in violation of N.J.S.A. 2C:43-7.2, and a concurrent four-year ... defendant presents the following arguments: POINT I THE TRIAL COURT'S FAILURE TO GRANT DAVIS'[S] MOTION TO ACQUIT AT THE CONCLUSION OF THE STATE'S CASE CONSTITUTES REVERSIBLE ERROR. POINT II THE TRIAL COURT' ...

docket:	a5090-07
court:	superior court appellate division
decided:	2010-08-02
status:	Unpublished
citation:
Document Size:	43955

104 STATE OF NEW JERSEY v. JACK CORDERO, JR -- rank: 525

... his third conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50. He contends he should have been ... Township of Old Bridge with DWI, reckless driving, N.J.S.A. 39:4-96, failure to produce a registration, N.J.S.A. 39:3-29, consumption of an alcoholic beverage in an automobile, N.J.S.A. 39:4-51a, and having an open container of alcoholic beverage in a motor vehicle, N.J.S.A. 39:4-51b. 1 Defendant's Alcotest reading was .21% blood alcohol content. He entered ...

docket:	a0690-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	unpublished
citation:
Document Size:	17989

105 STATE OF NEW JERSEY v. DAVID HARDEN -- rank: 525

... novo , finding him guilty of a traffic violation, N.J.S.A. 39:4-66.2. We affirm. On April 7 ... in West Deptford, intending to enter a private business, Matteo's Scrap Yard (Matteo's). Crown Point Road runs parallel to Route 295. Matteo's is not accessible to vehicles traveling northbound on Crown Point Road. The only method of reaching Matteo's is by traveling on the southbound side of Crown Point ... is a one-way street. In order to access Matteo's from this southbound route, a vehicle must enter the ...

docket:	a4378-08
court:	superior court appellate division
decided:	2010-07-21
status:	unpublished
citation:
Document Size:	38151