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VOL. 2, NO. 111 DECISIONS RELEASED JUNE 21, 1994 CORRECTIONS 13-1-3566 Douglas Booker v. New Jersey State Parole Bd., et al., Supreme Ct. (28 pp. incl. concurrence and dissent) In consolidated matters regarding gap-time credits, the state Supreme Court held that gap-time credits cannot be used to reduce the authority of a court to impose a parole-ineligibility term; and in the absence of a parole-ineligibility term, gap-time credits proportionately advance a defendant’s primary parole-eligibility date. ENVIRONMENT – GOVERNMENT 17-2-3567 City of Perth Amboy v. Madison Indus. Inc., et al., App. Div. (8 pp.) Where defendant companies were convicted of contaminating aquifer, trial court properly held that the city had standing in seeking the court’s aide to properly clean up the site, since the city had the right to demand that the judgment entered for its benefit be enforced, even though the judgment did not give the city a right to enforce the remedial program. INSURANCE 23-2-3568 Thomas J. O’Connor v. Atl. Employers Ins. Co., App. Div. (4 pp.) Where insured sued insurer under his homeowner’s policy for coverage for stolen personal property, trial court erred in dismissing the complaint on the grounds that the insured failed to appear for “examinations under oath,” since the judge failed to analyze whether the insured’s absence was excusable. LAND USE 26-2-3569 Daniel Winters v. Zoning Bd. of Adjustment of the Township of Union, App. Div. (6 pp.) Where plaintiff builder applied for a use variance to build garden apartments on industrial-zoned land and objected to reduction in number of allowable units, board properly considered municipal engineer’s report and did not require the engineer’s presence so the builder’s counsel could cross-examine him, since the builder’s counsel did not request that the engineer be subpoenaed and the board did not have a duty to produce him. PHYSICIAN/PATIENT – EVIDENCE 29-2-3570 I/M/O the Suspension or Revocation of the License of Lawrence Manin, D.O., to Practice Medicine and Surgery in the State of New Jersey, App. Div. (5 pp.) Where doctor was suspended from medical practice because of improper sexual contact with three adult males, and a detective testified and was cross- examined about a tape-recorded, hardly audible conversation between the doctor and one of the complainants, administrative law judge properly allowed the testimony, since even though Evid. R. 709(1) was not precisely followed, it did not amount to reversible error and the information helped the judge find the truth. REAL ESTATE – CONTRACTS 34-2-3571 Mont Dell Assocs. v. Cottontail Assocs., App. Div. (8 pp.) Where plaintiff buyer told defendant seller that it could not close on property sale despite buyer’s violation of a contract provision that provided closing would take place within eight months from contract date, trial court properly held that buyer was not entitled to its deposit, since the buyer had breached contract terms. CRIMINAL LAW AND PROCEDURE 14-1-3572 State v. Emmanuel A. Bullock, Supreme Ct. (15 pp.) Where a suspended state trooper was convicted of official misconduct and gun possession without a permit for keeping a known drug dealer in a car at gunpoint, asking him about the location of the dealer’s drugs, appellate court erred in dismissing the official misconduct charge on grounds that the evidence did not demonstrate that the trooper was a public servant at the time, since a suspended state trooper remains a public servant for purposes of criminal prosecution for official misconduct. 14-2-3573 State v. Cedric J. Davis, App. Div. (5 pp.) Where in separate proceedings defendant Davis and co-defendant were convicted of cocaine possession, trial court properly held that prosecutor’s summation statements that the jury’s concern “is not with the co-defendant” (in order to target blame) did not require reversal, since the prosecutor was responding to defense counsel’s statement, and the judge’s curative instruction removed any prejudice. 14-2-3574 State v. Mary Satterwhite, App. Div. (4 pp.) Where defendant pled guilty to cocaine possession, after her car was searched after a traffic-violation stop, trial court properly denied defendant’s suppression motion, since the vehicle search was valid as contemporaneous and incident to her arrest. 14-2-3575 State v. Jose Serrano, App. Div. (4 pp.) Where defendant was convicted of murder, trial court erred in denying defendant’s pro se petition for post-conviction relief, and a motion for leave to proceed nunc pro tunc on grounds that it was filed untimely, since the judge made no findings as to the sufficiency of the defendant’s explanation for the late filing.

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