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njcourts.gov
… detailed at length in Judge Kirsch's well-reasoned and comprehensive written opinion. Affirmed. … a3842-17.pdf … …
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njcourts.gov
… the other three counts. The sentencing court imposed the recommended sentence of fifteen-years imprisonment with an … of the incident, did not look at the videotape, and did not complete investigation of the case. He contended the plea … 2016 certification, he contended that he never received a complete copy of discovery and was not shown the …
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njcourts.gov
… would not have survived the passage of time between the commission of each criminal act and the time each act was … However, under the plea agreement, the State agreed to recommend the sentences on the four convictions run …
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njcourts.gov
… 2C:18-3(b), which states: "Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that … as to which notice against trespass is given by: (1) Actual communication to the actor." A Newark Municipal Court judge, … warnings. On this appeal, defendant raises the following points: POINT ONE – THE COURT SHOULD REVERSE THE [TRIAL …
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njcourts.gov
… to dismiss the remaining charges in the indictment and recommend the court sentence defendant to a term of … under the influence of PCP (phencyclidine) at the time he committed the crime. Counsel argued that the Judge Blue … [on] for years" were self-serving and uncorroborated by any competent evidence. Judge Blue ultimately concluded that …
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njcourts.gov
… of a child, N.J.S.A. 2C:24-4(a), in exchange for a recommended sentence of parole supervision for life (PSL) and compliance with the requirements of Megan's Law, N.J.S.A. …
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njcourts.gov
… pled guilty to kidnapping and robbery. The State recommended an aggregate of eighteen years' imprisonment, … affidavit. Now on appeal, defendant raises the following points: POINT I THE PCR COURT ERRED IN RULING THAT THE CLAIM … reasonable probability must "undermine confidence in the outcome." Pierre, 223 N.J. at 583 (quoting Strickland, 466 U.S. …
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njcourts.gov
… the remaining counts against him. The State agreed to recommend a custodial sentence of ten years, subject to an 85% …
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njcourts.gov
… during that process, he observed defendant open the glove compartment in which he could see a folding knife. The … before he conducted the pat-down search. The court embodied its rulings in an order, together with a written … for possession of drug paraphernalia. Moreover, defendant points out that he was never charged with possession of drug …
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njcourts.gov
… RORY SENSEMAN, LANDIS TITLE CORP., CITI MORTGAGE INC., and (COMMERCE BANK) n/k/a TD BANK and MERS, … District Court Judge Renee Marie Bumb, and dismissing the complaint as to defendants Citi Mortgage, Inc. and Commerce Bank n/k/a TD Bank, N.A.; an April 13, 2015 order …
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njcourts.gov
… was entitled to an evidentiary hearing as to whether the outcome of the trial would have been different had counsel not … petition. Defendant now appeals, raising the following points for our consideration: POINT I THE [PCR] COURT ERRED … testimony did little to convince the [c]ourt that the outcome of the trial would have been different, the manner of …
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njcourts.gov
… make a right turn at a stop sign without appearing to come to a full stop. The officer activated his lights and … the court's denial of PCR, defendant raised the following points: 1 A different judge had presided over the jury … and well supported by the record. We add only a few brief comments. "Post-conviction relief is New Jersey's analogue …
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njcourts.gov
… He also challenges the judge's decision to amend the complaint the day before the trial began. K.W., J.W.'s wife, had filed the complaint in a police station during evening hours, and the … See Pitney Bowes, supra, 440 N.J. Super. at 383. J.W.'s points of error are so lacking in merit as to not warrant …
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njcourts.gov
… merit and thus not capable of having affected the outcome of the appeal. The judge further rejected defendant's … STATE CANNOT PROVE THE ESSENTIAL ELEMENTS IN THE COURSE OF COMMITTING A THEFT AND SHARED INTENT AND NOT KNOWINGLY COMMITTING COUNT 2 THE INTENT TO COMMIT THE THEFT DURING OR …
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njcourts.gov
… Judge Michele M. Fox heard oral argument, and then placed a comprehensive oral decision on the record. The judge … This appeal followed. Defendant presents the following points of argument: POINT I THE PCR COURT SHOULD HAVE HELD … in Judge Fox's cogent oral opinion. We add the following comments. II "A petitioner must establish the right to …
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njcourts.gov
… the ineffectiveness of trial counsel in the following two points: POINT ONE THE PCR COURT ERRED WHEN IT FAILED TO …
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njcourts.gov
… first-degree robbery, N.J.S.A. 2C:15- 1. These crimes were committed against three separate victims in a span of less … hearing. On appeal, defendant argues the following points: POINT ONE MR. FALLETTA IS ENTITLED TO AN EVIDENTIARY … cogent opinion of Judge Ryan. We add the following brief comments. We review the legal conclusions of a PCR court de …
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njcourts.gov
… forth in Rule 3:22. Second or subsequent PCR petitions must comply with the requirements of Rules 3:22-4(b) and …
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njcourts.gov
… as untimely. 4 A-3280-21 illegal because of its severity as compared to lesser sentences statutorily authorized for his … (App. Div. June 15, 2015)]. In his written decision that accompanied the May 27, 2022 order denying defendant's present … written opinion. R. 2:11-3(e)(2). We add only the following comments. Rule 3:22-4(b) places strict limitations on second …
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A-1339-22 Briefs
Briefs
njcourts.gov
… New Jersey 07701 (732) 212-9930 Email:gasiorowskilaw@gmail.com Attorney for Defendant/ Appellant Congregation … (App.Div.1961) ....................................... 24 Commercial Realty v. First Atlantic, 122 N.J. 546 (1991) … 19 Cronin v. Township Committee, 239 N.J. Super 611 (app div 1990) …