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… Submitted June 7, 2022 – Decided July 27, 2022 Before Judges Fisher and Smith. On appeal from the Superior … guilty on the two charges, he understood the State would recommend a lesser sentence of twenty-two years on the … accusation and the indictment. And[] the State’s going to recommend at sentencing that . . . I sentence you to …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … raise important substantive issues and can lead to complicated and involved hearings. The Office of Parental … other areas. See, e.g., In re Op. No. 17-2012 of Advisory Comm. on Prof'l Ethics, 220 N.J. 468, 469 (2014). Until the …
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… Submitted January 17, 2023 – Decided April 28, 2023 Before Judges Smith and Marczyk. On appeal from the Superior … Street Apartments1 in response to a fire alarm. The complex housed over 400 students in 81 different units. Heavy smoke was visible coming from the trash compactor on the ground floor, and the …
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… Submitted January 17, 2023 – Decided March 23, 2023 Before Judges Smith and Marczyk. On appeal from the Superior … Specifically, defendant takes issue with the judge's comments that defendant's lack of eye contact (and, by … but I don't find him credible at all with the very main points. [(Emphasis added.)] While demeanor is a permissible …
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… Submitted November 1, 2022 – Decided January 13, 2023 Before Judges Sumners and Berdote Byrne. On appeal from the … under N.J.S.A. 2C:15- 1(b), the offense could also be committed where the actor attempts to inflict serious bodily … A person is guilty of robbery if, in the course of committing a theft, he: (1) Inflicts bodily injury or uses …
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… Submitted November 16, 2022 - Decided December 1, 2022 Before Judges Vernoia and Natali. On appeal from the Superior … The court explained defendant did not present any competent evidence establishing what an investigation would … N.J. 391, 419 (2004) (citing Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo …
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… Submitted September 12, 2022 – Decided September 30, 2022 Before Judges Currier and Bishop-Thompson. On appeal from the … N.J.S.A. 2C:39-5(b)(1), possession of a firearm while committing a CDS offense, N.J.S.A. 2C:39-4.1(a); and … defendant's arguments in detail. We add only the following comments. "We review the legal conclusions of a PCR judge de …
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… than one count.) … The State contends that on (date), while committing the crime of fleeing [or attempting to elude] a law enforcement officer, defendant caused the death of … [ insert … It does not matter that the act which caused death was committed recklessly, or unintentionally or accidentally. In …
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… 1 NOT TO BE PUBLISHED WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … (the Law Offices of Geoffrey D. Mueller, Esq., attorneys) for Defendant Charles A. Gruen, Esq., (the Law Offices of … was unconscionable and unenforceable. However, Plaintiff points out that here, the interest rate is much different …
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… Appellate Division Clerk’s Office Richard J. Hughes Justice Complex 25 West Market Street, P.O. Box 006 Trenton, NJ … to R. 2:5-6(c) to amplify the court’s bench decision and accompanying Order of February 15th, 2019, granting the motion … Plaza Twenty Three Station, LLC (“Plaza Twenty Three”) for summary judgment for tax year 2017 and denying its …
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… Argued November 7, 2018 – Decided Before Judges Yannotti and Natali. On appeal from Superior … summary judgment and dismissing his personal injury complaint. We affirm. Waitikowich was the general contractor … 132 N.J. at 439. In support of his first and second points of error, plaintiff principally relies on Alloway, as …
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… Submitted September 12, 2018 – Decided Before Judges Messano and Rose. On appeal from Superior Court … followed. On appeal, defendant presents the following points for our consideration: POINT I THE TRIAL COURT ERRED … Melendez's description of the shooter varied in height and complexion in the accounts she gave to law enforcement, and …
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… Submitted May 8, 2018 – Decided July 6, 2018 Before Judges Fisher and Moynihan. On appeal from Superior … N.J. Super. 409, 423 (App. Div. 1989)). "[A] defendant's complete understanding of his right to testify can be … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Defendant – other than to say …
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… telephonically June 8, 2018 — Decided June 27, 2018 Before Judges Fisher, Moynihan and Natali. On appeal from … (count six); second-degree possession of a firearm while committing a CDS crime (guns and drugs), N.J.S.A. … if defendant "did possess a firearm while in the course of committing or attempting to commit a [CDS] crime, that being …
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… Defendant-Respondent. Submitted March 21, 2018 – Decided Before Judges Alvarez and Currier. On appeal from Superior … stamp with the word "Empire." He testified: [r]ed stamp is commonly used to be put on boxes or bags in reference [to] an indication of heroin. Brown box is commonly known to [him] to contain 600 white [glassine] bags …
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… Argued March 20, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … Auto because it has not joined this appeal. 3 A-2959-16T4 complaint seeking repayment on the loan, Linda filed an … full alleged[ ] amount of $105,450.31. Plaintiff accurately points out that neither [d]efendant Auto nor [d]efendant …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … TAX COURT OF NEW JERSEY Mala Sundar R.J. Hughes Justice Complex JUDGE P.O. Box 975 25 Market Street Trenton, New …
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… Submitted March 20, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … Defendant then informed the court he read, reviewed, completed, and signed the plea form. The form corroborated … 145 (2009). The PCR judge heard oral argument and issued a comprehensive written opinion denying the petition. He …
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… Submitted March 19, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … newly discovered evidence that would have changed the outcome of trial, and the prosecutor suppressed evidence and … N.J. 391, 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo …
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… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … of posting sentries with live ammunition at strategic points on the base to ensure against any sort of terrorist …