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… We affirm. I. In May 2020, plaintiffs filed a class action complaint against George Harms Constructions Company (GHCC) and Suez North America (Suez), Jersey City's … 20l, the court must be careful not to take notice of the ultimate legal issue involved." 22 A-3393-21 Biunno, …
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… order; (3) June 30, 2021, granting plaintiff's motion to compel legal fees; and (4) October 29, 2021, granting … no reason to disturb the orders under review, which are accompanied by cogent statements of reason. Accordingly, we … in the process of applying to schools and K[aren]'s ultimate decision to matriculate at the University of …
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… Montalvo's motion to dismiss second- degree conspiracy to commit aggravated assault, second-degree aggravated assault, … we affirm the dismissal of the second-degree conspiracy to commit aggravated assault and second-degree aggravated … (1991) (quoting N.J. Trade Waste Ass'n, 96 N.J. at 18-19). Ultimately, the decision whether to dismiss an indictment …
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… timeline of events. Chavis lived in the same apartment complex as Nock. Earlier in 2015, Chavis learned that … occupants, except Nock, exiting the front of the apartment complex at 9:26 p.m. 6 A-1928-19 Robinson testified that … Gross decision. Defense counsel stated that if the court ultimately decided to admit the statement, he should be …
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… including two counts of racketeering and conspiracy to commit racketeering, in violation of N.J.S.A. 2C:41-1, and … defendant “purposefully conspire[d] with others . . . to commit a continuing series of crimes which constitute a … Division affirmed defendant’s conviction of 10 promoting, ultimately concluding that N.J.S.A. 2C:33-30 specifically …
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… DIVISION DOCKET NO. A-2509-21 THE ALLIANCE FOR SUSTAINABLE COMMUNITIES MERCER-MONMOUTH, MARY FAHY WOEHR, and SUSAN … order of the Law Division dismissing with prejudice their complaint in lieu of prerogative writs challenging defendant … the bifurcation procedure. He replied: "If the subdivision ultimately is not 11 A-2509-21 acceptable to the Board, then …
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… weapon, N.J.S.A. 2C:39-5(b). 3 A-2581-21 case turned on the competing testimony of the only two surviving eyewitnesses: … OF ROBBERY, THE DEFENDANT MUST HAVE FORMED THE INTENT TO COMMIT THEFT BEFORE OR DURING, BUT NOT AFTER, HE USED FORCE … the middle of th[e] struggle with a gun being pointed and ultimately being [fired]." Further, her "eyeglasses were …
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… he was armed. We reverse the court's ruling because the competent evidence presented by the State did not establish … (count one); second-degree possession of a handgun while committing certain CDS offenses, N.J.S.A. 2C:39-4.1 (count … swiped the Detective’s hand away and began to struggle, ultimately resulting in his arrest. Under all of these …
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… in accordance with the plea agreement, the State would recommend a sentence of two consecutive five-year terms of … of the defendant indicate that the defendant is unlikely to commit another offense," N.J.S.A. 2C:44- 1(b)(9) – applied … filed a memo opposing that. The court in its discretion can ultimately do so. That's my understanding." Defendant gave a …
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… a Tier Three sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … executed a search warrant on J.S.'s home and seized his computer. J.S. waived his Miranda2 rights and admitted to … 74 or more, high risk." T.T., 188 N.J. at 329. The State ultimately bears the burden of proving—by 15 A-0559-23 clear …
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… "consists of a one-story, masonry, cold storage industrial complex comprised of approximately 72,600 square feet of warehouse, … N.J. 221, 230 (1999) (citing Hopkins, 132 N.J. at 439). "Ultimately, all considerations must be balanced 'in a …
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… reasons set forth by Judge Pedro J. Jimenez, Jr. in his comprehensive written decision. I. We distill the following … providing information that defendant and he planned and committed the actual store robbery and Caba-Placencia drove … 321 N.J. Super. 154, 170 (App. Div. 1999). 17 A-1734-22 Ultimately, "[a]n error by counsel, even if professionally …
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… and the Mazawey Law Firm's1 motion to dismiss plaintiff's complaint for failure to state a claim. We affirm in part, … proceedings. I. We review the allegations in plaintiff's complaint as true and accord "every reasonable inference of … to Rule 4:5-1(b)(2), a trial court shall not order the ultimate sanction of dismissal for a party's failure in a …
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… the renter receives a four-digit personal number that, combined with the number of the renter's particular storage … for a supervisor" and "also asked for a [canine] unit to come [with] a detective." Sergeant Nelson1 arrived first, … quoting United States v. Sharpe, 470 U.S. 675, 687 (1985)). Ultimately, the lawfulness 18 A-2236-17T4 of a Terry stop …
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… the hospital, defendant told her father that something had come out of her body while she was in the basement and that … Strumolo remained concerned that a crime may have been committed at the home and believed his supervisors would … 448 (1984). "If the State can show that 'the information ultimately or inevitably would have been discovered by …
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… day and reported his belief that the Proud Mary sergeant committed official 1 Because of the location of the … if he was sure he wanted the report to go up the chain of command because "this is the type of thing that [he] can … therefore, is guided by summary judgment principles, the ultimate issue being "whether the competent evidential …
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… New Jersey Department of Environmental Protection, Spill Compensation Fund. Stuart J. Lieberman argued the cause for … 2002 LLC appeals from a final agency decision of the Spill Compensation Fund (Fund). The Fund rejected Branch's contest … not a denial of due process, if the opportunity given for ultimate judicial determination of liability is adequate." …
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… 2C:15-1; three counts of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; one count of … SHOULD HAVE BEEN EXCLUDED FROM EVIDENCE. POINT III: COMMENTS MADE BY THE PROSECUTOR DURING THE SUMMATION … a cell phone that belonged to defendant. Marson and Rivera ultimately gave statements confessing their and implicating …
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… that he was denied his constitutional right to present a complete defense because he was not permitted to explore … assaulted her. A.D. requested that a sexual assault kit be completed but afterwards she clarified that she was not … and hit her on the left side of her face with an open hand, ultimately placing her in a bear hug and throwing her to the …
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… cell phone and a blue AT&T cell phone. After obtaining a Communications Data Search Warrant, the police downloaded … for our 5 A-5382-14T1 consideration: POINT I THE PROSECUTOR COMMITTED REVERSIBLE MISCONDUCT WHEN HE MADE TWO ARGUMENTS … Second, defendant's contention that the altercation that ultimately resulted in 12 A-5382-14T1 Spence's shooting was …