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njcourts.gov
… Argued December 19, 2019 – Decided May 12, 2020 Before Judges Alvarez and DeAlmeida. On appeal from the … and (2) (count two); failure to pay New Jersey state income tax, N.J.S.A. 54:52-9 (count three); and filing a false … examining the cell phone was irrelevant to the theft case. Ultimately, the prosecutor and defense counsel stipulated as …
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njcourts.gov
… Argued December 16, 2019 – Decided April 30, 2020 Before Judges Rothstadt, Moynihan and Mitterhoff. On appeal … two Ferraris to a function at the Meadowlands Sports Complex when defendant's red Ferrari crossed the … 33 (quoting State v. Hicks, 54 N.J. 390, 391 (1969)). The ultimate determination "is whether the disparity is …
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njcourts.gov
… Argued February 6, 2019 – Decided June 13, 2019 Before Judges Fuentes, Accurso and Moynihan. On appeal from … the trial court's September 25, 2017 order dismissing its complaint with prejudice.2 That order 1 Plaintiff … informal written decisions, or reasons given for the ultimate conclusion." Hayes v. Delamotte, 231 N.J. 373, 387 …
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njcourts.gov
… Submitted February 12, 2019 – Decided April 12, 2019 Before Judges Gilson and Natali. On appeal from Superior Court … counter. An individual holding a gun in his left hand then comes behind the counter and points a handgun at the … officers after he received and waived his Miranda1 rights. Ultimately, Drew implicated defendant in the robbery at the …
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njcourts.gov
… telephonically May 13, 2020 – Decided July 13, 2020 Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … counsel fees to both parties. We affirm. Defendant is a commercial tenant operating a skilled nursing facility in … to depart from the appraisal guidelines or prejudice [his] ultimate determination of the AFMRV." He pointed out that …
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njcourts.gov
… Submitted April 20, 2020 – Decided July 10, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … (2) (count one); one count of first-degree felony murder – commission of crime, N.J.S.A. 2C:11-3(a)(3) (count two); two … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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njcourts.gov
… Argued telephonically May 6, 2020 – Decided July 1, 2020 Before Judges Koblitz, Whipple, and Mawla. On appeal from the … from a March 20, 2019 summary judgment dismissal of his complaint against defendants Meda Pharmaceuticals, Inc. … and negative performance reviews, which defendants contend ultimately led to his termination. However, even had …
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njcourts.gov
… STATE OF NEW JERSEY, Plaintiff-Respondent, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … assault, and other offenses March 10, 2017 3 A-1993-14T4 committed in the incident. After appropriate mergers, they … to the robbery. 1 As we have already noted, the State ultimately chose to forego the second phase. 25 A-1993-14T4 …
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njcourts.gov
… Argued September 20, 2016 – Decided Before Judges Messano, Espinosa and Guadagno. On appeal from … Sycamore Energy–Rockaway Retail, Inc., filed a verified complaint against defendants A.J.'s Fuel, Inc. (A.J.'s), … informal written decisions, or reasons given for the ultimate conclusion."). Therefore, plaintiff's citation to …
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njcourts.gov
… Argued March 6, 2017 – Decided Before Judges Sabatino, Nugent and Haas. On appeal from the … law judge ("ALJ"). Among other things, the DEP Commissioner determined that Des Champs was not entitled to … opinions that these aspects should result in shifting the ultimate burden of establishing entitlement to a DQE away …
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njcourts.gov
… Submitted January 9, 2018 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … Thereafter, the court filed an order denying PCR. In an accompanying statement of reasons, the court found that … Id. at 688. The defendant is required to overcome the strong presumption that counsel exercised …
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njcourts.gov
… Defendant-Appellant. Submitted October 23, 2017 – Decided Before Judges Accurso, O'Connor and Vernoia. On appeal from … 2C:21-25(b)(2); two counts of second-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a); third-degree uttering a … from the timesheets, which was forwarded to defendant and ultimately sent to headquarters for payment. After Express …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … criminal matter. The Caldwell Municipal Court dismissed the complaint against plaintiff for lack of probable cause. … Supreme Court for determining an award of counsel fees. The ultimate conclusions reached by the judge were thus …
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njcourts.gov
… Submitted September 13, 2021 – Decided October 4, 2021 Before Judges Sabatino and Rothstadt. On appeal from the … made numerous errors in his calculation of defendant's income and application of the child support guidelines … personal expenses." The judge added that "[t]he child may ultimately be required to fund a greater portion of [his] …
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njcourts.gov
… Submitted January 12, 2021 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … a fair trial"; (11) "the cumulative effect of the errors, combined with trial counsel's omissions, deprived defendant … Id. at 289. In the third step described by the Court, "the ultimate burden remains on the defendant to prove a very …
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njcourts.gov
… not to do so. A jury convicted defendant L.O.R.1 of having committed one count of first-degree aggravated sexual … at 410-15. Nevertheless, a trial court remains free to revisit the issue of reliability after considering the … diminution [of cross-examination] calls into question the ultimate integrity of the fact-finding process." Id. at 532. …
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njcourts.gov
… Submitted November 5, 2020 – Decided Before Judges Alvarez and Mitterhoff. On appeal from the … poor mother. Among her weaknesses as a parent, defendant complained that she was not giving the children the vitamins … a drug transaction has taken place, because that is the ultimate factual question left for the jury, this …
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njcourts.gov
… Submitted March 10, 2021 – Decided April 19, 2021 Before Judges Whipple and Firko. On appeal from the Superior … away. Later that day, defendant was served with an amended complaint at the MCDC adding the charge of first-degree … rights and his potential sentencing exposure. Ultimately, the court accepted defendant's guilty plea, …
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njcourts.gov
… Argued March 1, 2021 – Decided March 18, 2021 Before Judges Fasciale and Mayer. On appeal from the Superior … the expiration of that agreement, the County and PBA 299 commenced negotiations for a new CBA for the period between … agreement does not exist. 9 A-2418-19 The arbitrator ultimately sustained PBA 299's grievance. The arbitrator …
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njcourts.gov
… Argued January 27, 2021 – Decided May 18, 2021 Before Judges Whipple, Rose and Firko. On appeal from the … SHOULD HAVE BEEN SUPPRESSED BECAUSE THE PRIVATE SEARCH AND COMMUNITY CARETAKING EXCEPTIONS DID NOT APPLY. A. The Trial … of those doctrines. While we note the trial court ultimately decided the reconsideration motion one year …