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… Argued December 13, 2016 – Decided Before Judges Messano, Guadagno and Suter. On appeal from the … with failing to properly signal, N.J.S.A. 39:4-126; and a complaint charging defendant with obstructing the … However, "the fact that information an officer considers is ultimately determined to be inaccurate" does not invalidate …
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… Argued January 24, 2017 – Decided Before Judges Messano and Guadagno. On appeal from the … Plaintiff, Howell Associates, L.L.C., filed a ten-count complaint in lieu of prerogative writs against defendants, … as a recognized conditional use in the zone. The Board ultimately rejected the application. The Board held hearings …
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… Argued January 25, 2017 – Decided Before Judges Simonelli and Carroll. On appeal from the … Within twenty-four hours of defendant's arrest, Letavish completed an arrest packet. The packet included his … 105 S. Ct. 2778, 2783, 86 L. Ed. 2d 370, 378 (1985). Ultimately, "courts will not inquire into the motivation of …
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… Argued January 26, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from New Jersey … years of age and Adam was two. The Department immediately commenced an investigation, which included interviewing the … he may believe as a lay person. "[An expert] is not the ultimate trier of fact; that is the role of the …
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… Defendants, and PHILIP BLANCH and ROBERT J. GORMAN, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that Peter Paul Kaminski (Peter)1 was the victim of fraud committed by his daughter, Pauline Kaminski (Pauline), and … equity in the Wayne home he has occupied since 1953, and ultimately led to the filing of a foreclosure action by DB50 …
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… Submitted October 6, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the … (NERA), N.J.S.A. 2C:43-7.2. Defendant was also sentenced to community supervision for life, N.J.S.A. 2C:43-6.4, and … and reason to fabricate together with expert testimony, and ultimately with all of that the jury believed [the victim] . …
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… CORPORATION, Plaintiff-Appellant, v. MAINARDI MANAGEMENT COMPANY, LP and UNION MEDICAL PARK, LLC, … Argued January 24, 2017 – Decided Before Judges Espinosa and Guadagno. On appeal from the … informal written decisions, or reasons given for the ultimate conclusion." Do-Wop Corp. v. City of Rahway, 168 …
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… Submitted January 8, 2019 – Decided January 30, 2019 Before Judges Vernoia and Moynihan. On appeal from Superior … defendant was on juvenile probation at the time of the commission of the offenses. The custodial term imposed by … and judgments and not from . . . reasons given for the ultimate conclusion"). Our de novo review reveals that …
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… Submitted March 26, 2019 – Decided July 9, 2019 Before Judges Yannotti and Natali. On appeal from the Superior … his mother and mentor were not present and defendant felt uncomfortable. On March 20, 2007, defendant and his counsel … argues that the fact that the March 10, 2007 statement was ultimately suppressed is evidence of his initial counsel's …
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… Submitted February 13, 2017 – Decided Before Judges Sabatino and Nugent. On appeal from Superior … After observing defendant Carlos M. Cintron, Jr. complete a hand-to-hand marijuana sale on an Elizabeth … defendant filed a suppression motion, which the trial court ultimately denied following a limited hearing. The court …
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… Submitted March 22, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … of counsel] claims involves matters of fact, . . . the ultimate determination is one of law[.]" Harris, supra, 181 … that the juvenile's testimony would not have altered the outcome. We disagree. The mere raising of a claim for PCR does …
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… of his motions to suppress child-pornography files found on computer equipment in his home and his statement to a Warren … a resident and reasonably believes that the door is used by visitors, he is not [acting] unconstitutionally[.]"). … think[s] he will be amenable to probation." The court ultimately afforded substantial weight to the aggravating …
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… Submitted August 2, 2022 – Decided August 9, 2022 Before Judges Geiger and Rose. On appeal from the Superior … to third-degree possession of CDS in exchange for a recommended two-year non-custodial term of probation and … to demonstrate a reasonable likelihood his PCR claims would ultimately succeed on the merits. We reach this conclusion …
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… Submitted February 13, 2019 – Decided May 1, 2020 Before Judges Fuentes and Accurso. NOT FOR PUBLICATION WITHOUT … the record developed before the court, we reverse. The competent evidence does not support the court's findings and ultimate legal conclusion that Becica occupied this property …
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… BUCKEYE PIPE LINE CO., LP, CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, CHEVRON U.S.A. INC., CONOPCO, INC., CONSOLIDATED … WAKEFERN FOOD CORPORATION, Plaintiffs-Appellants, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … involve "non-monetary damages" simply because it entailed, ultimately, the payment of money. That position would read …
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… Submitted March 16, 2020 – Decided April 14, 2020 Before Judges Sabatino and Natali. On appeal from the Superior … children together. A dual judgment of divorce, with an accompanying matrimonial settlement agreement, was entered by … the "unfortunate effect of yielding more heat than light, ultimately leaving unresolved the central issues raised by …
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… DIVISION DOCKET NOS. A-5657-18T1 A-5658-18T1 SAL ELECTRIC COMPANY, INC., Plaintiff-Respondent, v. THE PIKE COMPANY, … Argued January 13, 2020 – Decided April 13, 2020 Before Judges Messano, Vernoia and Susswein. On appeal from … informal written decisions, or reasons given for the ultimate conclusion." (quoting Do-Wop Corp. v. City of …
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… Submitted February 26, 2020 – Decided April 1, 2020 Before Judges Whipple and Gooden Brown. On appeal from the … Bentsen, on the briefs). 1 Improperly pled in plaintiff’s complaint as Safeguard Properties, LLC. NOT FOR PUBLICATION … Corporation. 304 N.J. Super. at 79-80. Although Mondrian ultimately obtained a final judgment of foreclosure against …
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… (Seton Hall) dismissing counts one and two of Capra's complaint; and an April 12, 2019 order granting summary … which was "extensive, rigorous and contemplative." Ultimately, he concluded that "Capra's record as a whole did … and one of your own professors) is not a basis to revisit the substantive and reasoned decisions made before my …
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… telephonically March 26, 2020 – Decided May 28, 2020 Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … organization, the jail has a very strict chain of command. The Morris County Sheriff's Office Bureau of … content of a plaintiff's job responsibilities—and law—the ultimate constitutional significance of those facts. Flora …