State v. V.D

5 Citing cases

  1. Lee v. Li

    DOCKET NO. A-5063-15T3 (App. Div. Sep. 4, 2018)

    "When a court becomes aware that the parties appearing before it are, or may be, involved in illegal conduct, it has an ethical obligation to act." State v. V.D., 401 N.J. Super. 527, 537 (App. Div. 2008). Although we have not hesitated to act ourselves when we believe a judge has overstepped his bounds in that regard, see id. at 538 (reversing special condition of probation requiring defendant contact immigration officials to notify them of her conviction), we have no cause to do so here.

  2. State v. Hernandez

    DOCKET NO. A-0287-13T2 (App. Div. Jan. 5, 2015)

    A court can refuse to accept any of the terms and conditions of a plea agreement, in which event a defendant may re-plead, see State v. Kovack, 91 N.J. 476, 485 (1982), but if a court accepts a plea, it may not impose a sentence that is harsher than what the State and a defendant negotiated. State v. V.D., 401 N.J. Super. 527, 535 (App. Div. 2008). Here, the agreement defendant made with the State did not contain any terms stating the failure to appear for sentencing could result in a sentence harsher than what the State agreed to recommend.

  3. Jones v. Belwood Aromatics, Inc.

    DOCKET NO. A-6019-12T1 (App. Div. Nov. 26, 2014)

    "When a court becomes aware that the parties appearing before it are, or may be, involved in illegal conduct, it has an ethical obligation to act." State v. V.D., 401 N.J. Super. 527, 537 (App. Div. 2008) (citing (Sheridan v. Sheridan, 247 N.J. Super. 552, 566 (Ch. Div. 1990)). Plaintiff had input on Belwood's major business decisions, but conceded that Beldner retained the ultimate decision-making power.

  4. State v. Borjas

    436 N.J. Super. 375 (App. Div. 2014)   Cited 8 times

    State v. Robinson, 217 N.J. 594, 661, 92 A.3d 656 (2014); State v. Galicia, 210 N.J. 364, 381, 45 A.3d 310 (2012). See State v. V.D., 401 N.J.Super. 527, 531, 951 A.2d 1088 (App.Div.2008) (reversing the trial court's imposition of certain probationary terms following the defendant's guilty plea of possessing a false governmental document, N.J.S.A. 2C:21–2.1(d)); State v. Liviaz, 389 N.J.Super. 401, 404, 407, 913 A.2d 151 (App.Div.)

  5. State v. Oliveira

    DOCKET NO. A-0162-09T1 (App. Div. Oct. 25, 2011)

    State v. Nichols, 71 N.J. 358, 361 (1976). Such "material" issues include a defendant being misled as to the potential length of a sentence, State v. V.D., 401 N.J. Super. 527, 534-35 (App. Div. 2008), or a defendant not being informed of a mandatory 85% NERA parole disqualifier, State v. Cheung, 328 N.J. Super. 368, 371 (App. Div. 2000).