Search Rutgers Law Library N.J. Court Opinions

46 SOJOURNER A., on her own behalf and as guardian <u -- rank: 702

... for appellants (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Lawrence S. Lustberg and Risa E. Kaufman, on the brief; John E ... and Education Fund, on the brief; and Lenora Lapidus, Women's Rights Project, American Civil Liberties Union, on the brief).         Dennis ... Plaintiffs Sojourner A. and Angela B. appeal the trial court's summary judgment order in favor of the New Jersey Department ... against the State, claiming the family cap violates poor women's rights to privacy and denies them and their children equal ... all children improperly denied benefits by application of N.J.S.A. 44:10-61 and N.J.A.C. 10 ... who have been or will be subject to N.J.S.A. 44:10-61 and N.J.A.C. ...

docket:	A2787-00
court:	NJ Superior Court Appellate Division
decided:	2002-04-05
status:	published
citation:	350 N.J. Super. 152 794 A.2d 822
Document Size:	57797

47 STATE OF NEW JERSEY v. AZIZ GILLIARD -- rank: 699

... from his conviction for first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a, second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a, fourth-degree aggravated assault by pointing a weapon at another, N.J.S.A. 2C:12-1b(4), and second-degree possession of a weapon by a convicted felon, N.J.S.A. 2C:39-7. He also appeals from his sentence ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for aggravated manslaughter and his ... five-year period of parole ineligibility pursuant to N.J.S.A. 2C:39-7b, for possession of a weapon ...

docket:	a2279-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-05
status:	unpublished
citation:
Document Size:	80329

48 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 699

... one eye, and weapons offenses. We affirm. I. The State's evidence against defendant included the following. On August 12, 2012 ... co-defendant Victor Marcos at a restaurant owned by Marcos's parents. At another table, Garduno was celebrating his birthday with ... on his knuckles, and began punching Garduno. Defendant punched Garduno's left eye with the buckle three or four times. Defendant ... Marcos off Garduno, whose face and clothes were bloody. Garduno's brother Juan Sebastian Garduno arrived, saw Garduno, went to confront ... Officer Michelle McCandrew arrived at the scene. She saw Garduno's left eye was swollen shut and he had several square ... multiple square-shaped bruises on his body. Due to Garduno's severe eye injury, he was transferred to Wills Eye ...

docket:	a2967-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-27
status:	unpublished
citation:
Document Size:	54612

49 STATE OF NEW JERSEY v. DARRYL E. BROOKS -- rank: 696

... SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1038-09T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DARRYL E ... distribution of cocaine, a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3) (count one); third-degree ... of cocaine, a CDS, with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3) (count two); and third-degree possession of cocaine, a CDS, N.J.S.A. 2C:35-10(a)(1) (count three). Following ...

docket:	a1038-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-12
status:	unpublished
citation:
Document Size:	42485

50 STATE OF NEW JERSEY v. JAMES A. MOORE -- rank: 696

... 07-339 of second-degree robbery contrary to N.J.S.A. 2C:15-1. At the sentencing hearing on May ... second-degree conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1, was dismissed. The judge determined the ... with an 85% parole ineligibility period pursuant to N.J.S.A. 2C:43-7.2, the No Early Release Act ... hearing pursuant to Unite d States v. Wade , 388 U.S. 218 , 87 S. Ct. 1926 , 18 L. Ed.2d 1149 (1967). At ...

docket:	a6303-03
court:	njappellate
decided:	2006-02-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73098

51 STATE OF NEW JERSEY v. JONATHAN HUTCHINSON -- rank: 696

... welfare of a child. 1 The trial court denied defendant's motions for judgment of acquittal n.o.v. and a ... court sentenced defendant to three concurrent five-year terms, Megan's Law conditions, N.J.S.A. 2C:7-1 to -11 and N.J.S.A. 2C:47-5, parole supervision for life, N.J.S.A. 2C:43-6.3(a) and the requisite fines ... THE SECOND PRONG OF THE ENDANGERING STATUTE AND THE COURT'S FAILURE TO CHARGE THE JURY ON THE ALTERNATIVE THEORY ...

docket:	a1377-05
court:	NJ Superior Court Appellate Division
decided:	2011-10-28
status:	unpublished
citation:
Document Size:	153575

52 STATE OF NEW JERSEY v. ROBERT COOK -- rank: 693

... an indictment charging him with first-degree murder, N.J.S.A. 2C:11-3 a(1)(2), third-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5b, and second-degree possession of a ... unlawfully against the person or property of another, N.J.S.A. 2C:39-4a. We affirm defendant's convictions, but because we find error in the sentencing judge's failure to merge count three (possession of a handgun with ... 177 N.J. 147, 168 (2003), cert. denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d ...

docket:	a0727-06
court:	NJ Superior Court Appellate Division
decided:	2009-04-03
status:	unpublished
citation:
Document Size:	67634

53 STATE OF NEW JERSEY v. DARRYL BOZEMAN -- rank: 693

... a No Early Release Act (NERA) ineligibility term, N.J.S.A. 2C:43-7.2, and to a consecutive five ... violated in the absence of a limiting instruction concerning defendant's drug dealings with co-defendant Terrell, and that the charge ... raises the following issues on appeal: POINT I THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE TRIAL ... FINDINGS AS TO THE RELIABILITY OF THE IDENTIFICATION PROCEDURE. DEFENDANT'S RIGHT TO CONFRONTATION WAS VIOLATED WHEN THE COURT REFUSED TO ... WAS DENIED DUE PROCESS OF LAW BY THE TRIAL COURT'S DECISION TO ALLOW OFF[ICER] SANTARPIA TO MAKE AN IN ... THAT SUCH AN IDENTIFICATION WOULD BE RELIABLE. B. THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONT THE WITNESSES AGAINST HIM ...

docket:	a0565-06
court:	superior court appellate division
decided:	2010-05-05
status:	unpublished
citation:
Document Size:	78151

54 ROBERT ROWE v. HOFFMANN-LA ROCHE INC., et al. -- rank: 689

... law question: whether New Jersey or Michigan law governs plaintiff's failure-to-warn claim. The appeal does not concern the ... judge held that Michigan products liability law applied to plaintiff's claims, and that because defendants' warning for the drug had ... warning was adequate as a matter of law under Michigan's products liability statute, specifically, M.C.L. § 600.2946(5). Plaintiff contends that a contrary provision of New Jersey's Products Liability Act, N.J.S.A. 2A:58C-4. We conclude that New Jersey products ... respecting the effect of prior FDA approval applies to plaintiff's claim. We therefore reverse. Rowe, who was at all ...

docket:	a4522-03
court:	njappellate
decided:	2006-02-28
status:	published
citation:	*CITE_PENDING*
Document Size:	67577

55 STATE OF NEW JERSEY v. HOPETON B. BROWN, JR. -- rank: 683

... convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1(a), and fourth-degree criminal trespass, N.J.S.A. 2C:18-3, as a lesser-included offense of first-degree attempted armed robbery, N.J.S.A. 2C:5-1, N.J.S.A. 2C:15-1(a). Jones was also convicted of ... firearms-related offenses: he unlawfully possessed a handgun, N.J.S.A. 2C:39-5(b), and he did so ...

docket:	a2466-13
court:	NJ Superior Court Appellate Division
decided:	2017-08-01
status:	unpublished
citation:
Document Size:	61278

56 STATE OF NEW JERSEY v. JOHN MARTENS -- rank: 683

... finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. We affirm. I. Just prior to ... report that a vehicle was on fire and the vehicle's driver was leaving the area. Imberti arrived and observed a vehicle with damage to the front driver's side, flat tires on the front and rear driver's side, and smoke coming from the deployment of the vehicle's airbags. Imberti observed one person in the area, later identified ... the location of the vehicle. Officer Imberti drove to defendant's location and exited his patrol vehicle. At the same ...

docket:	a5626-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-06
status:	unpublished
citation:
Document Size:	52442

57 STATE OF NEW JERSEY v. JARRELL A. WILLIAMS -- rank: 680

... of a weapon, specifically a handgun, contrary to N.J.S.A. 2C:39-5b. The court sentenced defendant on that ... were not presented to the jury. According to the State's proofs at trial, the police found a handgun on the ... in plain view on the car floor by the driver's seat. He instead maintained that the gun had been found ... a fair trial by: (1) unduly restricting his trial counsel's cross-examination of the police officer who had searched the ... trial testimony. For the reasons that follow, we vacate defendant's conviction and sentence, and remand for a new trial. I ... The four men initially stood outside in front of defendant's house and talked. According to the State, at some ...

docket:	a2486-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-03
status:	unpublished
citation:
Document Size:	60945

58 STATE OF NEW JERSEY v. GIOVANNI SOTOMAYOR -- rank: 680

... sexual assault during the course of a burglary N.J.S.A. 2C:14-3a (Counts Four and Five); fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b (Count Six); third-degree possession of ... a weapon, a knife, for an unlawful purpose, N.J.S.A. 2C:39-4d (Count Seven); second-degree burglary, N.J.S.A. 2C:18-2 (Count Eight); two counts of third-degree terroristic threats, N.J.S.A. 2C:12-3a (Counts Nine and Ten); third degree criminal restraint N.J.S.A. 2C:13-2a (Count Eleven). Defendant was acquitted ...

docket:	a3400-03
court:	njappellate
decided:	2007-11-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60150

59 STATE OF NEW JERSEY v. CURTIS A. FRANKLIN -- rank: 680

... appellant (Frank M. Gennaro, Designated Counsel, on the brief). Gurbir S. Grewal, Bergen County Prosecutor, attorney for respondent (Elizabeth R. Rebein ... with second-degree sexual assault of A.M., N.J.S.A. 2C:14-2c(4) (Count One); second-degree sexual ... between June 1, 1995 and June 30, 1995, N.J.S.A. 2C:14-2b (Count Two); second-degree sexual assault ... between November 13, 1995 and November 12, 1998, N.J.S.A. 2C:14-2c(4) (Counts Three, Four, and Five ... between November 1, 1996 and November 12, 1998, N.J.S.A. 2C:14-2c(4) (Count Six). 1 Defendant was ... Six between June 8, 2011, and July 12, 2011. Defendant's 2011 trial ended in a mistrial due to juror ...

docket:	a0198-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-23
status:	unpublished
citation:
Document Size:	61301

60 State v. Azem Cuni -- rank: 680

... consent to sexual acts, the Rape Shield Law, N.J.S.A. 2C:14-7, may be applied to exclude evidence ... excluded, we also address whether that exclusion violates the defendant's constitutional right to confront witnesses. I     Defendant, Azem Cuni, was ... on that burglary, defendant had to have entered the victim's house with the intention to engage in sexual penetration without ... affirmed the other convictions, finding no reversible error in defendant's remaining contentions. Id. at 610-11. Judge Pressler dissented on the ground that defendant's two sexual assault convictions should also be reversed because evidence of the victim's two past sexual experiences were excluded under the Rape ...

docket:	a-141-97
court:	njsupreme
decided:	1999-06-14
status:
citation:	159 N.J. 584
Document Size:	79122