njcourts.gov
… Submitted October 23, 2017 – Decided Before Judges Ostrer and Rose. On appeal from Superior Court … second degree sexual assault, and second degree attempt to commit sexual assault. Defendant was ultimately sentenced to an aggregate sixty-year prison term …
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… Submitted October 13, 2016 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … judgment of conviction arguing: POINT ONE THE PROSECUTOR'S COMMENTS DURING SUMMATION TO WHICH THE DEFENDANT OBJECTED … defendant from litigating the dispute in court. Corigliano ultimately obtained a favorable arbitration decision in …
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… Submitted February 13, 2017 – Decided Before Judges Sabatino and Nugent. On appeal from Superior … After observing defendant Carlos M. Cintron, Jr. complete a hand-to-hand marijuana sale on an Elizabeth … defendant filed a suppression motion, which the trial court ultimately denied following a limited hearing. The court …
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… Submitted March 22, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … of counsel] claims involves matters of fact, . . . the ultimate determination is one of law[.]" Harris, supra, 181 … that the juvenile's testimony would not have altered the outcome. We disagree. The mere raising of a claim for PCR does …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS NAUTILUS INSURANCE COMPANY AS SUBROGEE … Civil Action Decided: July 21, 2017. Sandra S. Grossman for Plaintiff (Law Offices of Steven G. Kraus, attorneys). … New York law, only the contractual language, and not the “ultimate intended use of a building is determinative” in …
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… Argued June 8, 2017 – Decided Before Judges Hoffman, O'Connor and Whipple. On appeal from … her in the kitchen and told her to go outside. She complied and, approximately one hour later, defendant came … that, although the court considered this factor, the court ultimately rejected it as inappropriate. Defendant maintains …
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… Submitted May 2, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … his photograph from the New Jersey Motor Vehicle Commission and showed it to Doe, who confirmed he bought … was, as here, strictly related to the investigation that ultimately resulted in the arrest. Id. at 387-88 (stating …
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… Submitted February 7, 2017 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from the … the admission of testimony about the Child Sex Abuse Accommodation Syndrome (CSAAS) constituted plain error and his … testimony was brief and avoided opining about the ultimate issue. To the extent Dr. Esquilin observed that …
njcourts.gov
… Argued January 25, 2017 – Decided Before Judges Simonelli and Carroll. On appeal from the … Within twenty-four hours of defendant's arrest, Letavish completed an arrest packet. The packet included his … 105 S. Ct. 2778, 2783, 86 L. Ed. 2d 370, 378 (1985). Ultimately, "courts will not inquire into the motivation of …
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… CORPORATION, Plaintiff-Appellant, v. MAINARDI MANAGEMENT COMPANY, LP and UNION MEDICAL PARK, LLC, … Argued January 24, 2017 – Decided Before Judges Espinosa and Guadagno. On appeal from the … informal written decisions, or reasons given for the ultimate conclusion." Do-Wop Corp. v. City of Rahway, 168 …
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… Submitted May 4, 2017 – Decided July 6, 2017 Before Judges Lihotz and O'Connor. On appeal from Superior … over his anticipated testimony before trial, as well as a comment made by a prospective juror during jury selection. … . . . is not necessary in every instance." Id. at 559. "Ultimately, the trial court is in the best position to …
njcourts.gov
… Argued December 13, 2016 – Decided Before Judges Messano, Guadagno and Suter. On appeal from the … with failing to properly signal, N.J.S.A. 39:4-126; and a complaint charging defendant with obstructing the … However, "the fact that information an officer considers is ultimately determined to be inaccurate" does not invalidate …
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… Argued January 24, 2017 – Decided Before Judges Messano and Guadagno. On appeal from the … Plaintiff, Howell Associates, L.L.C., filed a ten-count complaint in lieu of prerogative writs against defendants, … as a recognized conditional use in the zone. The Board ultimately rejected the application. The Board held hearings …
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… Submitted March 28, 2017 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from … employed until his termination in June 2014. As part of his compensation package, plaintiff maintained a retirement … funds. Plaintiff failed to respond to this request. This ultimately generated significant additional work not only …
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… Submitted January 23, 2017 – Decided Before Judges Nugent and Haas. On appeal from Superior Court … spoke Spanish somewhat fluently and had no difficulty communicating in Spanish on a day-to-day basis. He spoke in … Defendant further argues that "[e]ven if she did otherwise ultimately give a knowing consent, the search was …
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… Argued January 26, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from New Jersey … years of age and Adam was two. The Department immediately commenced an investigation, which included interviewing the … he may believe as a lay person. "[An expert] is not the ultimate trier of fact; that is the role of the …
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… Defendants, and PHILIP BLANCH and ROBERT J. GORMAN, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that Peter Paul Kaminski (Peter)1 was the victim of fraud committed by his daughter, Pauline Kaminski (Pauline), and … equity in the Wayne home he has occupied since 1953, and ultimately led to the filing of a foreclosure action by DB50 …
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… Submitted October 6, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the … (NERA), N.J.S.A. 2C:43-7.2. Defendant was also sentenced to community supervision for life, N.J.S.A. 2C:43-6.4, and … and reason to fabricate together with expert testimony, and ultimately with all of that the jury believed [the victim] . …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Wachovia or the Wachovia defendants), and dismissing his complaint alleging, among other things, discrimination and … time into putting together a productive business plan and, ultimately, a productive business. However, plaintiff …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in their new homes. On June 16, 2008, plaintiffs filed a complaint against defendant alleging fraud, negligent … for leave to amend be granted liberally,' even if the ultimate merits of the amendment are uncertain." Prime …