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… fairness of an [eighty]-year 4 A-3389-22 aggregate term, comprised of four consecutive sentences. (5). The … in counts five and seven; the trial court dismissed two lesser-included offenses charged in counts two and four; the … established by our Supreme Court in State v. Yarbough, 100 N.J. 627 (1985), lacks sufficient merit to warrant …
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… The partnership's only asset is a large, multi-tenant commercial building in Lodi. Although George is named … all rental checks were made out to George Geswaldo and deposited into [Bank of America], now Joan Geswaldo (only way we …
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… his motion to suppress evidence obtained after the warrantless stop of his motor vehicle by law enforcement. Both the … judge determined the stop was valid relying upon the community caretaking exception from "unreasonable searches … v. Ford Motor Co., Lincoln-Mercury Div., 19 N.J. Super. 100, 104 (App. Div. 1952) ("[A]n appellate court . . . 'has …
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… on our review of the record and the applicable legal principles, we disagree and affirm. We focus on the procedural … during oral argument, the judge acknowledged "a level of discomfort . . . with regard to the delay occasioned in the . . … 2011) (quoting State v. Le Furge, 222 N.J. Super. 92, 99-100 (App. Div. 1988)). Measured against the four Barker …
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… kissed J.B. on her cheeks and lips, making her feel uncomfortable, but she did not complain about it to anyone. … VICTIM TREATMENT FUND PENALTIES WITHOUT MAKING THE REQUISITE FINDINGS. (Not Raised Below). We have considered all of …
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… your rights. The detectives stepped out for defendant to "compose" himself. They explained he was going to go to the … context of the entire jury charge, there was no error, much less plain error, "clearly capable of producing an unjust … to a term between five and ten years. 6 State v. Yarbough, 100 N.J. 627, 643-44 (1985). 20 A-5069-16T3 N.J.S.A. …
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… the vehicle was impounded. A search of defendant revealed $3100 in cash, consisting of three $100 bills, ten $50 bills, … one $5 bill, and five $1 bills. Officers opened the steel compartment on the rear passenger side of the vehicle with a … marking of the drugs, the use of concealment traps in vehicles, and the significance of large sums of cash consisting …
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… Department charged Davis with violating three Department Rules and Regulations related to his response to a December … law and departmental written directives," neglected to "complete a thorough [d]aily [a]ctivity [l]edger to include … truck at an excessive speed and driving in excess of 100 m.p.h. while facing oncoming traffic and in an area with …
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… drove up the street. She ran up to another person who was coming over to her, and he called 911. The police arrived … of a police car, and illuminated by lights from police vehicles at the time each was presented. The court found, … The court considered the factors in State v. Yarbough, 100 N.J. 627, 643-44 (1985), noting that if defendant's …
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… Jeshon Johnson with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-1, N.J.S.A. 2C:25-1(b) (count … as the robbers after reviewing a photo array. 6 A-0462-16T2 Less than an hour later, R.G. picked up two men in his cab. … established by our Supreme Court in State v. Yarbough, 100 N.J. 627, 643-44 (1985). After weighing each of the …
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… INADVERTENT AND THERE WAS NO EXIGENCY TO JUSTIFY THE WARRANTLESS SEIZURE. POINT II: THE TRIAL COURT ERRED IN CHARGING THE JURY CONCERNING DEFENDANT'S ATTEMPTING TO COMMIT MURDER WHERE HE DID NOT COMPLETE THE CRIMINAL ACT NOR … 168 N.J. 436, 441-42 (2001) (quoting State v. Yarbough, 100 N.J. 627, 644 (1985)).] These facts "should be applied …
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… Jersey, Law Division, Union County, Indictment No 13- 12-1002. Jaime B. Herrera, Assistant Deputy Public Defender, … vehicle and recovered a knife in the front passenger compartment. At trial, Hurtado identified this knife as the … of the defendant . . . can't be testified to unless those witnesses are actually witnesses under the …
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… with intent to distribute ten or more grams of PCP within 1000 feet of school property, in violation of N.J.S.A. … 3 A-0841-15T1 of possession of a firearm in the course of committing, attempting to commit, or conspiring to commit a … attached to the warrant. Certain well-established principles guide our analysis. Although we normally grant deference …
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… cases is limited. R. 1:36-3. April 20, 2018 2 A-0325-16T1 complaint, and a September 16, 2016 order denying … v. Cnty. of Essex, 196 N.J. 569, 584 (2008)). "A prerequisite to recovery on a negligence theory is a duty owed by …
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… start of the interrogation, defendant indicated he was more comfortable speaking Spanish. The detective utilized a … giving jurors a break, thereby unduly emphasizing the requisite mental state required for a conviction, and used …
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… Division order denying its motion to dismiss plaintiffs' complaint for failure to state a claim upon which relief can … alleges that four days later, on February 6, 2015, CURE deposited its $50,000 policy limits into court "but continued to …
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… DIVISION DOCKET NO. A-5294-13T2 IN THE MATTER OF THE CIVIL COMMITMENT OF J.A., SVP-528-09. … found appellant was "highly likely" to re- offend unless confined to a secure facility for treatment. He based … courts during the pendency of that case." State v. Reldan, 100 N.J. 187, 203 (1985). However, this principal is not …
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… N.J.S.A. 2C:41-2(c) and N.J.S.A. 2C:2-6; conspiracy to commit racketeering, N.J.S.A. 2C:41-2(b) to (d); and two … that "any act of the Legislature will not be ruled void unless its repugnancy to the Constitution is clear beyond a … as applied to others." Ibid. (quoting State v. Cameron, 100 N.J. 586, 593 (1985)). Accordingly, a person challenging …
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… the State agreed to dismiss the remaining charges and to recommend concurrent eighteen-year prison terms subject to the … Hudson County Superior Court. • In April 2014, defendant visited the prison law library and spoke with an inmate …
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… raised in point I, we are not convinced Duran's testimony "compel[led] the inference that he had superior knowledge … face and voice. On the date of the incident, defendant visited the store twice. Surveillance video captured the …