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New Jersey First Amendment Law
 
STATE OF NEW JERSEY VS. TYRONE HOWARD

We derive the salient facts from the trial record. On
March 26, 2009, defendant gave a sworn statement to the
Westhampton Township Police Department following an incident
with his estranged wife at their daughter's school. In his
statement, defendant claimed that he was crossing a driveway
outside the school with their daughter when his wife came within
inches of st... More...
   $0 (06-22-2016 - NJ)

STATE OF NEW JERSEY v. ALFRED R. BISHOP

In March 2005 defendant pled guilty to aggravated
manslaughter, terroristic threats and unlawful possession of a
handgun, which arose out of three events that occurred in a
single day. Defendant is serving an aggregate twenty-seven year
term of imprisonment; twenty years to be served without parole.1
In our first review of defendant's PCR petition, we found
the judg... More...
   $0 (06-22-2016 - NJ)

STATE OF NEW JERSEY VS. ORNETTE M. TERRY

Defendant Keith Terry1 appeals his conviction for second-
degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b);
and fourth-degree possession of hollow-nose bullets, N.J.S.A.
2C:39-3(f). Defendant contests the Law Division judge's
decision to deny a motion to suppress evidence based on an
illegal search of the motor vehicle he was driving. Defendant
also cont... More...
   $0 (06-13-2016 - NJ)

STATE OF NEW JERSEY VS. J.C.

Defendant J.C. was convicted by a jury of first-degree
aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), two counts of
second-degree sexual assault, N.J.S.A. 2C:14-2(b), and three
counts of second-degree endangering the welfare of a child,
N.J.S.A. 2C:24-4(a). The charges stem from defendant's
admission, during a telephone call with his daughter, A.C., that
he had s... More...
   $0 (06-10-2016 - NJ)

STATE OF NEW JERSEY VS. RYAN MCERLEAN

We glean the following facts and procedural history from
the record. On February 9, 2005, defendant was arrested in
Ocean County on charges of kidnapping, robbery, burglary, theft,
and weapons offenses arising out of an October 31, 2004 incident
in Lakewood. Defendant was remanded to the Ocean County Jail
where he remained until March 29, 2005, when he posted bail and More...
   $0 (06-07-2016 - NJ)

STATE OF NEW JERSEY VS. NORMAN JACKSON

Defendant was indicted on multiple counts that included
first-degree robbery charges. The State offered defendant a
plea agreement in which it would recommend a sentence of ten
years subject to the No Early Release Act (NERA), N.J.S.A.
2C:43-7.2. Defendant rejected the offer and, following a jury
trial, was convicted on eight counts that included first-degree
robber... More...
   $0 (06-07-2016 - NJ)

STATE OF NEW JERSEY VS. ERIC NA-EEM ROCK

In October 2007, defendant was indicted by a Monmouth
County Grand Jury, charging him with two counts of first-degree
armed robbery, N.J.S.A. 2C:15-1 (counts one and two); one count
of second-degree possession of a weapon for an unlawful purpose,
N.J.S.A. 2C:39-4(a) (count three); one count of third-degree
unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count
fo... More...
   $0 (06-02-2016 - NJ)

STATE OF NEW JERSEY VS. NELSON D. VILLANUEVA

On October 15, 2007, a Monmouth County Grand Jury indicted
defendant on three counts of first-degree aggravated
manslaughter, N.J.S.A. 2C:11-4(a)(1) (counts one, two and
three); three counts of second-degree vehicular homicide,
N.J.S.A. 2C:11-5(a) (counts four, five and six); one count of
second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count
seven); one coun... More...
   $0 (06-02-2016 - NJ)

STATE OF NEW JERSEY VS. SAURABH KOTHARI

We discern the salient facts and procedural history from
the record. Defendant was born in India, was admitted to the
United States in 1998, and is not a citizen of the United
States. On October 26, 2010, defendant was charged in various
summonses and a warrant with possession of a controlled
dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1);
manufacturing, distribu... More...
   $0 (06-02-2016 - NJ)

STATE OF NEW JERSEY VS. MAXWELL AMPOFO

We derive the following facts from the record. On August
1, 2013, at approximately 10:17 p.m., New Jersey State Trooper
Brian Gambone was patrolling the New Jersey Turnpike when he
observed a vehicle traveling at an excessive speed. He reported
to dispatch that he was stopping a Caucasian female with long
hair, who was driving a dark-colored, four-door Acura, for
sp... More...
   $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY v. RICKY LABEGA a/k/a RICKEY LABEGA, RICKY O. LABEGA, and RICKY LEBEGA

After the denial of his motion to suppress evidence,
defendant Ricky Labega entered a guilty plea to second-degree
possession of a controlled dangerous substance with the intent
to distribute, N.J.S.A. 2C:35-5(a)(1) and (2). Pursuant to the
negotiated plea agreement, on February 20, 2015, he was
sentenced as a third-degree offender to a term of four years
imprisonmen... More...
   $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY VS. JAMES MOORE

In June 2009, defendant entered a non-negotiated guilty
plea to one count of first-degree robbery, N.J.S.A. 2C:15
1(a)(2). The charge arose from the January 2006 robbery of a
credit union located in in a building where his sister and co
defendant, Darlene Moore, worked. Defendant held his hand in
the pocket of his sweatshirt in a way that suggested he had a
gun and de... More...
   $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY VS. QUAYSHAWN MACK

We briefly summarize the pertinent facts. On September 23,
2011, at 11:40 p.m., Jersey City Police Department (JCPD)
officers Michael Meade and Mark Hennessey responded to a "shots
fired" call in the area of Rutgers Avenue in the city. Meade and
Hennessey were monitoring the radio in high crime areas as part
of their assignment to the Violent Crimes Unit. Both officers More...
   $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY VS. JUAN J. COLON

In 2002, defendant was indicted on multiple counts of
attempted murder, aggravated assault, and related weapons
offenses. In a separate indictment he was charged with two
counts of sexual assault, criminal sexual contact, and
endangering the welfare of a child. In a third indictment he
was charged with receiving stolen property and conspiracy to
commit theft.
... More...
   $0 (05-24-2016 - NJ)

STATE OF NEW JERSEY VS. JUAN J. COLON

In 2002, defendant was indicted on multiple counts of
attempted murder, aggravated assault, and related weapons
offenses. In a separate indictment he was charged with two
counts of sexual assault, criminal sexual contact, and
endangering the welfare of a child. In a third indictment he
was charged with receiving stolen property and conspiracy to
commit theft.
... More...
   $0 (05-24-2016 - NJ)

STATE OF NEW JERSEY VS. PETER RALLIS

The warrant was issued on April 30, 2012, based upon an
affidavit presented by Detective James Powers of the Monmouth
County Prosecutor's Office's Narcotics Strike Force. Powers
described a four-month narcotics investigation of a target known
as "Pete," and later identified as defendant. With the
assistance of a confidential informant and an undercover
officer, Powe... More...
   $0 (05-24-2016 - NJ)

STATE OF NEW JERSEY VS. DAREN B. THOMAS

The following facts are taken from the testimony at the
suppression hearing. At about 11:40 p.m. on June 10, 2012,
defendant was driving his Toyota at a high speed on U.S. Routes
1 and 9 in Elizabeth when he rear-ended an SUV, which then
collided with two other vehicles. The Toyota and the SUV spun
around, and defendant's heavily-damaged Toyota ended up facing
traff... More...
   $0 (05-24-2016 - NJ)

STATE OF NEW JERSEY VS. ANTHONY M. FERNANDEZ

A jury convicted defendant Anthony M. Fernandez of second
degree conspiracy to distribute cocaine, N.J.S.A. 2C:5-2,
2C:35-5(a)(1), and 2C:35-5(b)(1) (count one); first-degree
possession with intent to distribute cocaine, N.J.S.A. 2C:35
5(a)(1) and 2C:35-5(b)(1) (count three); third-degree possession
with intent to distribute marijuana, N.J.S.A. 2C:35-5(a)(1) and
2C:35-5... More...
   $0 (05-23-2016 - NJ)

State of New Jersey v. James R. Denelsbeck

In this appeal, we consider whether a defendant is entitled
to a jury trial when facing a third or subsequent driving while
intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. This
Court previously answered that question in the negative, over
twenty-five years ago, in State v. Hamm, 121 N.J. 109, 130
(1990), cert. denied, 499 U.S. 947, 111 S. Ct. 1413, 113 L. Ed.
... More...
   $0 (05-14-2016 - NJ)

STATE OF NEW JERSEY VS. RICHARD RAMON GARDNER

Tried to a jury, defendant was convicted of first-degree
robbery, N.J.S.A. 2C:15-1; second-degree conspiracy, N.J.S.A.
2C:5-2; fourth-degree theft, N.J.S.A. 2C:20-3; disorderly
persons simple assault, N.J.S.A. 2C:12-1(a)(3); third-degree
possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39
4(d); and fourth-degree certain persons not to have weapons,
N.J.S.A. 2... More...
   $0 (05-08-2016 - NJ)

STATE OF NEW JERSEY v. WILLIAM MEYER

Defendant pled guilty in 2009 to one count of third-degree
endangering the welfare of a child, N.J.S.A. 2C:24-4(a). The
May 6, 2016
A-5643-13T2 2
court sentenced defendant in accordance with his plea agreement
to four years in prison, which it suspended, and imposed Megan's
Law conditions, N.J.S.A. 2C:7-1 to -11, parole supervision for
life, N.J.S.A. 2C:43-6.4, ... More...
   $0 (05-08-2016 - NJ)

STATE OF NEW JERSEY VS. GERALD M. HARRIS

Defendant Gerald M. Harris appeals the Law Division's order
denying his motion to suppress evidence, and the jury verdict
finding him guilty of: third-degree distribution of a controlled
dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and 2C:35
5(b)(3) (count one); third-degree distribution of a CDS within
1,000 feet of school property, N.J.S.A. 2C:35-7 (count two); More...
   $0 (05-08-2016 - NJ)

STATE OF NEW JERSEY VS. RYAN L. HODGE

Tried by a jury, defendant Ryan L. Hodge was convicted of
the lesser-included offense of second-degree passion/provocation
manslaughter, N.J.S.A. 2C:11-4(b)(2); second-degree unlawful
possession of a handgun, N.J.S.A. 2C:39-5(b); and third-degree
endangering an injured victim, N.J.S.A. 2C:12-1.2(a).1 On June
27, 2013, he was sentenced to an aggregate thirteen-year term of... More...
   $0 (04-30-2016 - NJ)

STATE OF NEW JERSEY v. DEMETRIUS C. COPE (a/k/a RAASHID HABSHIN, RASHEED

In this appeal, we must determine whether the trial court
properly denied defendant’s motion to suppress a rifle
discovered during a protective sweep of his apartment
immediately following his arrest in his living room. The court
rejected defendant’s claim that the limited search exceeded
constitutional limits. We must also determine whether the trial
court denied d... More...
   $0 (04-30-2016 - NJ)

STATE OF NEW JERSEY v. RICHARD BARD, a/k/a RICHARD BARD, JR.,

Defendant Richard Bard appeals from a September 9, 2014
judgment of conviction, following his conditional guilty plea to
the amended disorderly person's offense of possession of
marijuana, N.J.S.A. 2C:35-10(a)(4). He was sentenced to a 180
day county jail term and a 180-day period of parole
disqualification.
Defendant entered his plea following the denial of his More...
   $0 (04-24-2016 - NJ)

STATE OF NEW JERSEY v. JOHN C. BLANN, a/k/a JOHN C. BLAND

Following a bench trial, defendant John C. Blann was
convicted of two counts of first-degree robbery, N.J.S.A. 2C:15
1 and one count of second-degree robbery, N.J.S.A. 2C:15-1. The
trial judge denied the State's motion for an extended term, and
following appropriate mergers, sentenced defendant to eighteen
years in State prison, subject to the periods of parole
inelig... More...
   $0 (04-22-2016 - NJ)

STATE OF NEW JERSEY v. CHAD BIVINS

In this appeal, we are called on to determine whether a
warrant -- authorizing the search of a residence suspected to be
involved in drug-trafficking activity and “all persons present”
-- supported the off-premises search of two individuals found in
a car several houses down the street from the target residence.
Because the State did not provide adequate proof that those ... More...
   $0 (04-22-2016 - NJ)

STATE OF NEW JERSEY VS. ABBIJIAL SLOAN

Defendant was convicted of the first-degree murder of his
wife, weapons offenses and endangering the welfare of a child.
His convictions and sentence were affirmed on appeal. State v.
Sloan, No. A-3447-10 (Dec. 18, 2012), certif. denied, 214 N.J. 118
(2013). The facts underlying his conviction are set forth in our
opinion and need not be repeated here. However, we note... More...
   $0 (04-16-2016 - NJ)

STATE OF NEW JERSEY VS. DEMETRIUS MIDDLETON

In 1999, defendant Demetrius Middleton was tried by a jury
and convicted of murder and weapons offenses.1 The judge
sentenced him to a fifty-year term of imprisonment, with an 85%
period of parole ineligibility under the No Early Release Act
(NERA), N.J.S.A. 2C:43-7.2. We affirmed defendant's convictions
on appeal, but remanded for re-sentencing because, at the time, More...
   $0 (04-16-2016 - NJ)

STATE OF NEW JERSEY VS. JABIR T. TAYLOR

Defendant Jabir T. Taylor, a/k/a Gilbert Jason, appeals
from his conviction after entering a conditional guilty plea to
one count of third-degree possession of a controlled dangerous
substance (CDS), cocaine, N.J.S.A. 2C:35-10(a)(1), and one count
of third-degree possession of CDS, heroin, with intent to
distribute within 1000 feet of school property, N.J.S.A. 2C:35
5(... More...
   $0 (04-16-2016 - NJ)

STATE OF NEW JERSEY VS. WOOJIN HWANG

Defendant appeals from the denial of his petition for post
conviction relief (PCR) after an evidentiary hearing. Defendant
was indicted on four counts of drug offenses that included a
second-degree charge of possession of cocaine with intent to
distribute. He entered a guilty plea to third-degree possession
of cocaine in 2009 and did not file a direct appeal. He raises <... More...
   $0 (04-16-2016 - NJ)

STATE OF NEW JERSEY VS. SHANNON SIDOREK

Defendant Shannon M. Sidorek was charged by a Burlington
County grand jury in Indictment No. 13-04-0480 with: first
degree aggravated manslaughter, N.J.S.A. 2C:11-4a(1); second
degree vehicular homicide, N.J.S.A. 2C:11-5a; and third-degree
possession of a controlled dangerous substance, N.J.S.A. 2C:35
10a(1). State v. Sidorek, No. A-2877-13 (App. Div. Oct. 7,
2014) (sli... More...
   $0 (04-16-2016 - NJ)

STATE OF NEW JERSEY VS. DORELLE RASHAN WALLACE

The charges arise from defendant's participation in two
robberies. The first occurred on June 15, 2011. Defendant and
two others robbed a Pennsauken jewelry store, while armed, and
beat and detained employees. The three perpetrators fled the
scene in an SUV. Police subsequently stopped the car occupied
by Dwayne Tribett and Edward Bettis. Tribett was released when More...
   $0 (04-08-2016 - NJ)

STATE OF NEW JERSEY v. FURN-LEE SALOMON, a/k/a FURN-LEE SOLOMON,

On September 4, 1996, Fletcher Brown and his girlfriend
were walking toward a park in Elizabeth when they encountered
defendant and Vilkings Andre1. In the immediate area were a group
of juveniles gathered in the middle of the street that had been
blocked off by wooden barricades. Defendant asked Brown’s
girlfriend if she wanted to purchase any drugs. Brown told
def... More...
   $0 (04-08-2016 - NJ)

STATE OF NEW JERSEY VS. DANIEL P. VERRECCHIA

The only witness at the suppression hearing was Hackensack
Police Officer Kley Peralta. Prior to joining the Hackensack
Police Department in 2013, Peralta had been a member of the
Palisades Interstate Parkway police, starting as a patrolman in
2004 before being promoted to sergeant in 2011. During his law
enforcement career he had made over 1000 arrests, sixty to
s... More...
   $0 (04-04-2016 - NJ)

STATE OF NEW JERSEY VS. JONATHAN ARCE

Defendant Jonathan Arce appeals from the denial of his
petition for post-conviction relief (PCR) without a hearing.
Defendant claims he was denied the effective assistance of
counsel because his plea counsel, Paul Bergrin, was under
investigation at the time he negotiated defendant's plea
agreement and therefore had a conflict of interest. We are not
persuaded by th... More...
   $0 (04-04-2016 - NJ)

STATE OF NEW JERSEY v. ULYESS T. SAMPLE, JR

On June 23, 2009, defendant pled guilty to two counts of
aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1). During the
plea colloquy, defendant admitted that, between August 2006 and
September 2008, he had sexual intercourse with and put his penis
into the mouth of a child under the age of thirteen. In
addition, between August 2006 and August 2008, he committed an
a... More...
   $0 (04-01-2016 - NJ)

STATE OF NEW JERSEY v. WILLIAM T. DOLAN

This appeal solely involves sentencing issues. Defendant
William T. Dolan contends that the trial court erred when it
sentenced him to a discretionary extended term of imprisonment
of seven years with a three-and-one-half year parole
ineligibility period after he violated his Drug Court probation.
We disagree and affirm the sentence imposed.
I.
Somerset County... More...
   $0 (04-01-2016 - NJ)

STATE OF NEW JERSEY VS. P.P.D.

Defendant P.P.D.1 appeals from the judgment of conviction and order for commitment entered after a jury found him guilty of sexually assaulting his niece over the course of five years,
beginning when she was approximately six years old. The court
sentenced him to an aggregate seventeen-year term of
incarceration and imposed an eighty-five percent period of
parole ineligibility... More...
   $0 (04-01-2016 - NJ)

STATE OF NEW JERSEY VS. TIMOTHY ADKINS

Following an evidentiary hearing ordered by the Supreme
Court in State v. Adkins, 221 N.J. 300, 303 (2015), and with
leave granted, the State appeals from the Law Division's June 25,
2015 order granting defendant Timothy Adkins's motion to suppress
the blood alcohol content (BAC) results the State obtained from a
warrantless blood draw. We affirm.
I.
We begin b... More...
   $0 (04-01-2016 - NJ)

 
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