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- A-1571-19 Opinionnjcourts.gov… Submitted February 2, 2021 – Decided April 30, 2021 Before Judges Fisher, Moynihan and Gummer. On appeal from the … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … factor three, the risk defendant will 15 A-1571-19 commit another offense, N.J.S.A. 2C:44-1(a)(3), ostensibly …
- A-2837-18 Opinionnjcourts.gov… Submitted February 3, 2021 – Decided March 2, 2021 Before Judges Geiger and Mitterhoff. On appeal from the … facts from the record. On November 6, 2015, defendant committed three armed robberies in Paterson by pointing a … three counts of first -degree robbery in exchange for a recommended sentence of three concurrent ten-year terms, …
- A-0962-19 Opinionnjcourts.gov… Argued October 4, 2021 – Decided November 19, 2021 Before Judges Fasciale and Firko. On appeal from the Superior … conviction for second- degree possession of a firearm while committing a violation of N.J.S.A. 2C:35- 5, N.J.S.A. … police station. On appeal, defendant raises the following points for this court's consideration: POINT I THE SEIZURE …
- A-2458-20 Opinionnjcourts.gov… Submitted May 16, 2022 – Decided May 27, 2022 Before Judges Fasciale and Vernoia. On appeal from the … and disoriented." When Officer McGrail "guided [defendant] completely out of his vehicle, several blue wax paper folds … decision. II. On appeal, defendant raises the following points: POINT ONE BECAUSE DEFENDANT RECEIVED INEFFECTIVE …
- A-1451-20 Opinionnjcourts.gov… Argued January 5, 2022 – Decided March 31, 2022 Before Judges Gilson, Gooden Brown, and Gummer. On appeal from … shocks our judicial conscience given the multiple crimes committed by defendant, we affirm. 3 A-1451-20 I. The … 2C:13-1(b)(1); one count of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; …
- A-5156-10 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … APPELLATE DIVISION DOCKET NO. A-5156-10T2 SPARTAN OIL COMPANY, Plaintiff-Appellant, v. NEW JERSEY … ASSOCIATION, Defendant-Respondent, and PLANET INSURANCE COMPANY and RELIANCE INSURANCE COMPANY, Defendants. …
- A-2378-20 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the point that you could return to employment and thereby comply with the provisions of N.J.S.A. 43:15A-22. The Bureau … is limited. Allstars Auto Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (citing Russo v. Bd. of …
- A-1038-19 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 105 (the PBA) appeal the dismissal with prejudice of their complaint pursuant to R. 4:6-2(e). For the reasons stated … to -17.46a. Appellants allege they should not be compelled to contribute to the cost of their health benefits …
- A-0308-19T6 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … F. Figueroa were indicted for second-degree conspiracy to commit robbery, first- degree robbery, second-degree … morning, the court excused everyone with the direction to come back in the afternoon in order to finalize and execute …
- A-3004-17T1/A-4208-17T1 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … ANNUCCI, Plaintiff-Respondent, v. STATE FARM INDEMNITY COMPANY, Defendant-Appellant. _____________________________ … In both appeals, State Farm raises the following identical points for our consideration: POINT I THE TRIAL JUDGE …
- A-4539-18 Opinionnjcourts.gov… Submitted January 26, 2021 – Decided Before Judges Yannotti and Mawla. On appeal from the Superior … one of Accusation No. 05-10-0960. The State agreed to recommend an aggregate custodial sentence of five years, with … about their conversations. He stated that his 6 A-4539-18 communications with his attorney "should be protected by …
- A-1038-19 Opinionnjcourts.gov… Submitted January 19, 2021 - Decided April 1, 2021 Before Judges Messano, Hoffman and Smith. On appeal from the … 105 (the PBA) appeal the dismissal with prejudice of their complaint pursuant to R. 4:6-2(e). For the reasons stated … to -17.46(a). Appellants allege they should not be compelled to contribute to the cost of their health benefits …
- A-1627-19 Opinionnjcourts.gov… AND LISA ANN MIRMANESH, individually and derivatively for WATERVIEW ESTATES CONDOMINIUM ASSOCIATION, INC., … corporation which operates a five-unit condominium complex in Ocean City. On January 18, 2012, plaintiffs filed a complaint against defendants, all unit owners, and members …
- A-1376-19 Opinionnjcourts.gov… Submitted January 4, 2021 – Decided August 5, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … In exchange for defendant's plea, the State agreed to recommend a sentence of twenty-three-and-one-half years of … 2C:44- 1(a)(3) ("[t]he risk that the defendant will commit another offense . . . ."), six, N.J.S.A. …
- A-1727-19 Opinionnjcourts.gov… Argued October 28, 2020 – Decided June 28, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … used any force or coercion. On or about May 13, 2013, a complaint was issued for defendant’s arrest stemming from … N.J.S.A. 2C:24-4(a). On or about May 21, 2013, another complaint was issued that charged defendant with an …
- A-0372-17T4 Opinionnjcourts.gov… Argued January 9, 2020 – Decided September 16, 2020 Before Judges Alvarez and DeAlmeida. On appeal from the … the description and informed him he was the subject of a complaint by GameStop. They asked him to return to the store … the shoplifter at his store. An employee of the rental car company testified, identifying defendant as the person who …
- A-5624-18T3 Opinionnjcourts.gov… telephonically July 14, 2020 – Decided September 10, 2020 Before Judges Sabatino and Susswein. On appeal from the … 393, 403–04 (2015) (citing Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 (1995)). The Court in Tate … cautioned, "it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a …
- A-4462-17T3 Opinionnjcourts.gov… Argued August 13, 2019 – Decided Before Judges Sumners and Moynihan. On appeal from the … 1 In his merits brief, defendant does not challenge his concomitant convictions for failure to maintain lane, N.J.S.A. … proved the DWI charge and that the State failed to prove by competent evidence the twenty-minute observation requirement …
- A-5282-18T2 Opinionnjcourts.gov… Argued February 27, 2020 – Decided June 8, 2020 Before Judges Alvarez and Suter. On appeal from an … the representation less than adequate nor prejudiced the outcome. Thus, we reverse. The familiar Strickland v. … that the representation he or she received was less than competent and that the deficiency prejudiced his or her …
- A-0217-19T4 Opinionnjcourts.gov… Argued January 14, 2020 – Decided May 4, 2020 Before Judges Hoffman and Firko. On appeal from an … the State's motion for reconsideration to allow fresh complaint testimony. For the reasons that follow, we affirm, … Edward testified that in November 2017, after viewing news accounts of sexual harassment allegations against Matt …