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… Submitted December 20, 2023 – Decided December 27, 2024 Before Judges Gummer and Walcott-Henderson. On appeal from the … in accordance with the plea agreement, the State would recommend a sentence of two consecutive five-year terms of … filed a memo opposing that. The court in its discretion can ultimately do so. That's my understanding." Defendant gave a …
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… Submitted October 17, 2024 – Decided December 2, 2024 Before Judges Marczyk and Torregrossa-O'Connor. On appeal from … a Tier Three sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … 74 or more, high risk." T.T., 188 N.J. at 329. The State ultimately bears the burden of proving—by 15 A-0559-23 clear …
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… Argued September 12, 2024 – Decided October 4, 2024 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … "consists of a one-story, masonry, cold storage industrial complex comprised of approximately 72,600 square feet of … N.J. 221, 230 (1999) (citing Hopkins, 132 N.J. at 439). "Ultimately, all considerations must be balanced 'in a …
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… Submitted November 20, 2024 – Decided February 6, 2025 Before Judges Marczyk and Torregrossa-O'Connor. On appeal from … reasons set forth by Judge Pedro J. Jimenez, Jr. in his comprehensive written decision. I. We distill the following … 321 N.J. Super. 154, 170 (App. Div. 1999). 17 A-1734-22 Ultimately, "[a]n error by counsel, even if professionally …
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… Argued October 16, 2024 – Decided November 4, 2024 Before Judges Susswein and Perez Friscia. On appeal from the … and the Mazawey Law Firm's1 motion to dismiss plaintiff's complaint for failure to state a claim. We affirm in part, … to Rule 4:5-1(b)(2), a trial court shall not order the ultimate sanction of dismissal for a party's failure in a …
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… Argued March 5, 2019 – Decided July 19, 2019 Before Judges Yannotti, Rothstadt, and Natali. On appeal from … the renter receives a four-digit personal number that, combined with the number of the renter's particular storage … quoting United States v. Sharpe, 470 U.S. 675, 687 (1985)). Ultimately, the lawfulness 18 A-2236-17T4 of a Terry stop …
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… Submitted November 15, 2018 – Decided July 19, 2019 Before Judges O'Connor and DeAlmeida. On appeal from … the hospital, defendant told her father that something had come out of her body while she was in the basement and that … 448 (1984). "If the State can show that 'the information ultimately or inevitably would have been discovered by …
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… Argued March 27, 2019 – Decided July 12, 2019 Before Judges Fuentes, Vernoia and Moynihan. On appeal from … day and reported his belief that the Proud Mary sergeant committed official 1 Because of the location of the … therefore, is guided by summary judgment principles, the ultimate issue being "whether the competent evidential …
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… Argued November 14, 2018 – Decided August 13, 2019 Before Judges Ostrer, Currier and Mayer. On appeal from the … New Jersey Department of Environmental Protection, Spill Compensation Fund. Stuart J. Lieberman argued the cause for … not a denial of due process, if the opportunity given for ultimate judicial determination of liability is adequate." …
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… Submitted December 6, 2018 – Decided August 9, 2019 Before Judges O'Connor and DeAlmeida. On appeal from Superior … 2C:15-1; three counts of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; one count of … a cell phone that belonged to defendant. Marson and Rivera ultimately gave statements confessing their and implicating …
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… Submitted October 30, 2018 – Decided March 20, 2019 Before Judges Rothstadt and Gilson. On appeal from Superior … that he was denied his constitutional right to present a complete defense because he was not permitted to explore … and hit her on the left side of her face with an open hand, ultimately placing her in a bear hug and throwing her to the …
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… Submitted September 12, 2017 - Decided Before Judges Carroll and Mawla. On appeal from the Superior … cell phone and a blue AT&T cell phone. After obtaining a Communications Data Search Warrant, the police downloaded … Second, defendant's contention that the altercation that ultimately resulted in 12 A-5382-14T1 Spence's shooting was …
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… Submitted September 25, 2017 – Decided Before Judges Sabatino, Whipple and Rose. On appeal from … We also uphold the sentence imposed, subject to the outcome of the reconsideration motion, which if favorable to … trunk area, where the guns and other contraband were ultimately found during the second interior search, was a …
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… Argued September 13, 2018 - Decided January 24, 2019 Before Judges Fuentes and Accurso. On appeal from Superior … she "wasn't able to turn it on." Their mechanic friend recommended a locksmith, who came and unlocked the car, and … with "a meaningful opportunity to respond") (adding the "ultimate goal is not, and should not be, 4 Plaintiffs' …
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… and ROBERT REYERS and CLAUS AND REYERS COMPANY, a Delaware Corporation, Defendants. Argued May 17, 2017 – Decided July 21, 2017 Before Judges Alvarez, Accurso, and Lisa. On appeal from the … regard to any future motions for summary judgment or the ultimate outcome of the case, should it be tried. Reversed …
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… DIVISION DOCKET NO. A-4820-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF W.T. SVP-687-13. _________________________ … Submitted March 1, 2017 – Decided July 18, 2017 Before Judges Fuentes and Simonelli. On appeal from the … to accept all or any part of [an] expert opinion[ ].' The ultimate determination is 'a legal one, not a medical one, …
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… LLC, Plaintiffs-Appellants, v. TRAVELERS INDEMNITY COMPANY and EXECUTIVE RISK SPECIALTY INSURANCE COMPANY, … Submitted November 16, 2016 – Decided Before Judges Alvarez and Manahan. On appeal from the Superior … and inexpensive including the enforceability of the ultimate judgment." It explained that this factor weighed …
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… Argued January 10, 2017 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from the … Hotel in Atlantic City from Caesars Entertainment Operating Company, Inc. with the hope of opening an Atlantic City … whether the efforts had to satisfy seller or purchaser is ultimately irrelevant, because that satisfaction was a …
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… Argued May 8, 2017 – Decided Before Judges Sabatino and Haas. On appeal from Superior Court … his brother to the front of the residence. The brother ultimately died from the gunshot wounds. Several Trenton … vehicle with his girlfriend, Deanna Mott, whom he wanted to come with him to the station. Dzurkoc testified that such a …
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… Submitted May 25, 2017 - Decided Before Judges Lihotz and Mawla. On appeal from Superior Court … all other charges would be dismissed and the State would recommend a minimum five-year sentence, subject to a … the gun at his own head and threatened to kill himself. 2 Ultimately police arrested defendant, who was driving his …