NJ Appellate Court Upholds Plain View Doctrine in Firearm Suppression Case

November 9, 2024 |

State of New Jersey v. Raheem Wilson  Docket No. A-2472-22 Decided October 23, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a Law Division order denying his motion to suppress the handgun recovered from his vehicle pursuant to the plain…

NJ Court Reverses Dismissal of Unlawful Handgun Charge, Remands Case

October 23, 2024 |

State of New Jersey v. Damian Emanuel Docket No. A-2274-23 Decided October 17, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order granting defendant’s motion to dismiss count two of a three-count Hudson County indictment, charging…

Dissolving A Final Restraining Order In New Jersey Requires Defendant to Produce a Transcript Of The FRO Trial

October 23, 2024 |

J.M.S-M. v. W.V.M. Docket No. A-1294-23 Decided October 22, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to produce a transcript of the FRO trial. In J.M.S-M.…

NJ Court Upholds Denial to Vacate 2018 DWI Guilty Plea in Appeal

October 17, 2024 |

State of New Jersey v. Anthony Barbato Docket No. A-3654-22 Decided October 16, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to vacate his guilty plea to driving while intoxicated (“DWI”). On May 16, 2018,…

New Jersey Appellate Division Upholds Sanctions for Failure to Pay College Expenses

October 17, 2024 |

Dmitry Korsunsky v. Svetlana Kurinsky Docket No. A-2504-22 Decided October 16, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. The Appellate Division of New Jersey in a recent unpublished decision affirmed a trial court’s decision to sanction plaintiff for failing to pay certain college expenses contained in a prior order. In Korsunsky v. Kurinsky, married…

Appellate Court Upholds Final Restraining Order Denial in Harassment Case

October 11, 2024 |

N.M. v. D.F.P.  Docket No. A-3757-22 Decided October 3, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent published opinion, defendant appealed from an order denying his motion to dismiss a final restraining order (FRO) issued under the Protection of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. In 2019, plaintiff was…

Defense Expert Not Permitted to Appear Virtually, Resulting In The Loss Of Defendant’s Counter Expert To The State

October 9, 2024 |

State v. Tyrell S Lansing Appellate Docket No.: A-1592 Decided October 3, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey affirmed the denial of a request from Defendant’s expert to appear virtually for the trial, despite the expert being unable to appear due to…

New Jersey Spouse Entitled to Sell Property Despite Agreement Allowing Use of Property to Other Party

September 17, 2024 |

Joseph Lancaster v. Jody Lancaster Docket No. A-2078-22 Decided September 13, 2024 Submitted by New Jersey Family Lawyer, Jeffrey Hark. The Appellate Division of New Jersey in a recent unpublished decision affirmed a trial court’s decision to allow Plaintiff to sell a horse trailer despite Defendant being given permission for use of the trailer under the…

New Jersey Divorce Court Reversed After Appointing Its Own Expert Regarding Division Of Retirement Accounts

September 4, 2024 |

Anestis Karasaridis v. Voula Constantarakos Docket No. A-1642-22 Decided August 29, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed the entry of an order dividing retirement accounts due to its failure to allow the parties to retain their own expert and cross examine…

NJ Court Reverses PTI Admission for Privacy Invasion Case

September 3, 2024 |

State of New Jersey v. D.A.G. Docket No. A-1639-23 Decided August 27, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order admitting defendant D.A.G. into the Pretrial Intervention Program (PTI) over the prosecutor’s objection. The facts derived from…