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… Submitted November 29, 2018 – Decided Before Judges O'Connor, Whipple and DeAlmeida. On appeal from … On May 12, 2017, the police sought and were granted a communications data warrant (CDW) to search defendant's … N.J.S.A. 2C:15-1(a)(2); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(2); …
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… Submitted May 2, 2017 – Decided Before Judges Koblitz and Rothstadt. On appeal from Superior … Specifically he argues: BECAUSE DEFENDANT FLED BEFORE HE COMMITTED ANY OFFENSE, AND BECAUSE HE WAS SUBSEQUENTLY … to a fair trial, 'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
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… Submitted September 6, 2017 – Decided Before Judges Rothstadt and Vernoia. On appeal from the … turn to extrinsic evidence, 'including legislative history, committee reports, and contemporaneous construction.'" … suspension resulting from the violation, the defendant commits a violation of N.J.S.A. 2C:40- 26(b). There is …
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… Submitted November 2, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … petition should be accepted as timely because he did not become aware that he was subject to deportation until June 13, … Following oral argument, Judge Ronald Reisner rendered a comprehensive thirty-seven page written decision denying …
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… Submitted September 26, 2017 – Decided Before Judges Leone and Mawla. On appeal from Superior Court … statement because he dropped the bag or because he was uncomfortable in police presence. Our standard of review on a … of property does not constitute abandonment. He points to Rios v. United States, 364 U.S. 253, 80 S. Ct. …
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… Argued October 19, 2016 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from … N.J.S.A. 2C:12-1(b)(7). In exchange, the State agreed to recommend that the court sentence defendant to a term of … years old at the time. His educational background included completing one year of college. The judge questioned …
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… Submitted September 11, 2017 - Decided Before Judges Accurso and Vernoia. On appeal from Superior … of second-degree possession of a firearm in the course of committing a drug offense within 1000 feet of school … which stated 6 A-5571-14T3 "We cannot move ahead. Can't come to a decision." Instead of delivering a Czachor1 …
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… Begelman, Orlow & Melletz. We affirm. We consider the points of error 1 Formerly known as Begelman, Orlow & … to prevail only if he can show, in conformity with the common law authority dealing with lost wills, that the … judgment motion, this judge found that a jury could not revisit Melletz's entitlement to fees since other finders of …
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… Submitted April 9, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … to vacate a final judgment of foreclosure and dismiss the complaint. We affirm. I. In August 2005, defendant borrowed … payments. In July 2013, PNC Bank filed a foreclosure complaint. Defendant subsequently filed a contesting answer. …
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… Submitted March 13, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … 15-03-0864. Joseph E. Krakora, Public Defender, attorney for appellant (Molly O'Donnell Meng, Assistant Deputy Public … or harassing in nature"). Obviously, defendant did not feel compelled to remain at the scene. He kept walking, signaling …
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… __________________________ Argued May 17, 2017 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from … 9:6-1 and N.J.S.A. 9:6-3. The State also filed a related complaint against defendant charging him with the petty … an evaluation of a defendant’s PTI application and make a recommendation to the prosecutor as to his or her suitability …
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… Submitted April 24, 2018 – Decided Before Judges Reisner and Hoffman. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-1204. James B. Arsenault, County … from a March 21, 2016 final decision of the Civil Service Commission (Commission) reversing the action terminating the …
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… Submitted October 29, 2018 – Decided Before Judges Sabatino and Sumners. On appeal from Superior … incident that defendant was arrested and charged under a compliant-warrant with third-degree neglect of elderly or … suffered a momentary lapse of judgment. Rather, defendant committed a series of disturbing acts comprising her …
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… Argued July 6, 2017 – Decided July 18, 2017 Before Judges Yannotti and Haas. On appeal from Superior Court … injury, N.J.S.A. 2C:12- 1(b)(7). The State agreed to recommend a term of non-custodial probation and dismissal of … of the Criminal Division, Hudson County, advised she was recommending denial of defendant's application. On January 26, …
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… Argued November 30, 2016 – Decided Before Judges Alvarez and Accurso.1 On appeal from Superior … R. Taylor Ruilova argued the cause for respondents (Comegno Law Group, P.C., attorneys; Mr. Ruilova and Brandon … of Superintendent Contract." Following are two short bullet points, which are entirely blackened out. The next line …
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… Submitted October 18, 2016 – Decided Before Judges Koblitz and Sumners. On appeal from Superior … THE STATE'S PLEA OFFER, HE WAS UNABLE TO ACCEPT THE PLEA RECOMMENDATION AND INSTEAD WAS FORCED TO PROCEED TO TRIAL, … distribution of CDS in exchange for the State's recommended dismissal of the other charges and a recommended …
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… Submitted April 4, 2017 — Decided Before Judges Reisner and Koblitz. On appeal from the New … Demunguia admitted to his parole officer that he had become affiliated with the Pagans Motorcycle Club (Pagans) in … have purchased a pair of "paramedic scissors" without sharp points, or driven a different type of motorcycle. We accord …
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… DIVISION DOCKET NO. A-2833-14T4 ROB K. CONSTRUCTION & COMPANY, Plaintiff-Appellant, v. RUTGERS CASUALTY INSURANCE COMPANY, and AMERICAN EUROPEAN INSURANCE GROUP, INC., … Argued January 10, 2017 – Decided Before Judges Reisner and Rothstadt. On appeal from the …
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… Submitted February 28, 2017 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … Appeal No. 14-075. Tonneman & Connors, L.L.C., attorneys for appellant (Cheryl E. Connors, of counsel and on the … the documents due to a broken spring in the glove compartment. Defendant also testified that he had a spinal …
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… Submitted February 16, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … child, N.J.S.A. 2C:24-4(a); and fourth-degree violation of Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(d). … and had shared sexually explicit images of children on his computer. On May 7, 2012, defendant executed a pretrial …