Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of New Jersey County of Bergen v. Santos

May 12, 2008

STATE OF NEW JERSEY COUNTY OF BERGEN, PLAINTIFF-RESPONDENT,
v.
ANTONIO DOS SANTOS, DEFENDANT, AND SIRIUS AMERICA INS. CO., SURETY, DEFENDANT-APPELLANT.



On appeal from the Superior Court Of New Jersey, Law Division, Bergen County, Indictment No. 02-07-01674-I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 28, 2008

Before Judges Stern and A.A. Rodríguez.

On this appeal from an order of April 19, 2007 denying its motion "for remittitur," the surety argues:

POINT I.

THE DETERMINATION OF THE TRIAL COURT WAS AGAINST THE WEIGHT OF THE EVIDENCE WHERE, AS HERE, THE SURETY PRESENTED CREDIBLE EVIDENCE TO SUPPORT ITS CONTENTION THAT DEFENDANT IS DEAD, WHICH EVIDENCE WAS NOT REFUTED BY ANY CREDIBLE EVIDENCE FROM ANY OTHER PARTY.

POINT II.

BASED ON THE CIRCUMSTANCES OF THIS CASE, AND THE INFORMATION PRESENTED BY THE SURETY, IT IS APPROPRIATE FOR THE COURT TO REMIT SOME PORTION OF THE PREVIOUSLY FORFEITED FUNDS TO THE SURETY.

POINT III.

IT WAS APPROPRIATE FOR THE COURT TO ADDRESS THE QUESTION OF DEFENDANT'S DEATH, AND THE IMPACT OF OF HIS DEATH ON THE REMISSION OF FUNDS TO THE SURETY.

We reject the contentions, and affirm the order.

We have previously affirmed the denial of the surety's application for vacation of judgment and partial remission. See State v. Ramirez, 378 N.J. Super. 355, 371 (App. Div. 2005), which sets out the standards governing vacation of judgment and the granting of a partial remission in this case. Id. at 362-69. We note, among other things, that the death certificate most recently submitted to the Law Division was accompanied by a certification of our Vice Consul in Brazil who attested that the translation of the death certificate was by a "sworn public translator," but not that the death certificate was genuine.

Nor did the affidavits of Gustavo Rugani do Couto e Silva, dated August 15, 2006 and December 20, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.