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- A-2870-16T4 Opinionnjcourts.gov… (count four); second-degree possession of a firearm while committing a CDS offense, N.J.S.A. 2C:39-4.1(a) (count … appeal followed. On appeal, defendant raises the following points: POINT I THE EVIDENCE DISCOVERED IN DEFENDANT'S HOME … below." State v. Galicia, 210 N.J. 364, 383 (2012). "'[T]he points of divergence developed in proceedings before a trial …
- njcourts.gov… of the case with prejudice for failing to file an amended complaint. We affirm. I. We glean the facts and procedural … are not in dispute. On July 19, 2022, plaintiff filed a complaint seeking to recover damages from defendant Galaxy … appeal followed. On appeal, plaintiff raises the following points, which it articulates as follows: POINT I: THE TRIAL …
- njcourts.gov… that upon defendant's release, he would be subject to community supervision for life (CSL) and the requirements of … deemed ineligible because there was no "clear finding of compulsive sexual behavior." 5 A-0089-21 The judge stated, … would have prevented him from pursuing his rights and remedies . . . within the five years." Ibid. In addition, the …
- A-2946-22 – ROBERT SHEARRIN VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) Opinionnjcourts.gov… 2007, he was released from prison and parole supervision commenced. In March 2009, Shearrin's parole was revoked for … His parole was continued with an added condition that he complete a drug counseling program. In February 2017, he violated parole by not completing the program. Parole was revoked and he was …
- njcourts.gov… approximately seventy-two units as low- and moderate-income housing to assist defendants in meeting their Mount … plaintiff contacted defendants several times as to the outcome, their emails went unanswered. Thereafter, plaintiff … with a neighboring municipality, Hazlet. Appellant points to the court's remarks during both oral arguments …
- njcourts.gov… M.D. and J.D., during the marriage. In 2012, P.D. filed a complaint in the Family Part seeking a divorce. After … J.D. and physically abused M.D. P.D. sought an award of compensatory damages, punitive damages, and sanctions in the … or made findings inconsistent with or unsupported by competent evidence." Storey v. Storey, 373 N.J. Super. 464, …
- njcourts.gov… provided a person "is guilty of sexual assault if he commits an act of sexual penetration with another person . . … In exchange for his plea, the State agreed to recommend defendant be sentenced in the third-degree range to … 2C:43-6.4 was amended effective January 14, 2004, to change community supervision for life ("CSL") to PSL. Because the …
- A-0882-22 – STATE OF NEW JERSEY VS. ELIJAH FORD (21-04-0240, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… Babysav had texted Andrews and 3 A-0882-22 invited him to come over to smoke marijuana. Andrews had only met Babysav … after about twenty minutes, they walked to a nearby housing complex to meet someone Babysav knew to get some more. The … count one. II. On appeal, defendant raises the following points for our consideration: 6 A-0882-22 POINT I THE …
- A-3647-23 – STATE OF NEW JERSEY VS. JOSE FLORES (23-03-0339, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… the rear cargo area. Batista opened an unlocked cover to a compartment below the cargo area that holds a spare tire and related tools. He retrieved from this compartment two plastic bags containing 94 grams of cocaine, … the cargo area. Specifically, defendant presents these points in his brief: 5 A-3647-23 POINT I THE COURT BELOW …
- njcourts.gov… agreement, the other charges would be dismissed, with the recommended sentence of five years' imprisonment subject to … victim. Defendant was sentenced in accordance with the recommended sentence as part of the plea agreement along with … followed. On appeal, defendant presents the following points for our consideration: POINT I BECAUSE DEFENDANT MET …
- WILLIAM NEELD VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) - Unpublished Opinionsnjcourts.gov… of parole ineligibility. While incarcerated, appellant committed twenty-five disciplinary infractions, nineteen of … "a substantial likelihood exist[ed] that [appellant] would commit a new crime if released on parole at 1 Asterisk … that the Board considered in any meaningful way the studies on the age crime curve in denying parole to …
- TANNIA M. WINSTON VS. 7-ELEVEN, INC., ET AL. (L-0611-19, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… from a January 23, 2024 Law Division order dismissing her complaint against defendant 7-Eleven, Inc. at the close of … "there is no biological explanation for [plaintiff]'s complaints." 4 A-1795-23 the floor," she fell forward, … object was on the floor because an employee grabbed it and commented about its improper placement at the entrance. …
- njcourts.gov… the [JOC] that is being challenged." The five-year period commences when the JOC is entered and is neither stayed nor … slip op. at 4-6. We found defendant's pro se brief raised "points of error so lacking in merit as to not warrant … 7-9. Because defendant's petition recast his unsuccessful points of error as ineffective assistance claims, it was not …
- njcourts.gov… post-conviction relief (PCR).1 He asserts that the State committed a Brady2 violation by withholding notes from a … judge found that there was no evidence that the State had committed a Brady violation because there was no evidence … OF THE STATE TO PRODUCE ALL DISCOVERY; THUS, THE STATE COMMITTED A BRADY VIOLATION. 6 A-1050-23 IN ADDITION, THE …
- STATE OF NEW JERSEY VS. ANTHONY M. GRAZIANO (13-03-0374, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… for the reasons explained by the PCR judge in his comprehensive written opinion issued on January 30, 2024.1 … and vandalism of four Jewish synagogues and a Jewish community center. The co-defendants were tried separately. A … TO MOVE FOR THEIR DISMISSAL DUE TO THE PROSECUTION'S NOT COMPLYING WITH N.J.S.A. 2C:38-2e. POINT II – THIS MATTER …
- STATE OF NEW JERSEY VS. JOSEPH D. KEARNEY (16-10-1645, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… addition, the jury found defendant guilty of conspiracy to commit aggravated assault, and hindering the prosecution by … Defendant appeals the PCR denial, raising the following points: POINT I AS DEFENDANT HAD SHOWN THAT HE RECEIVED … Judge Colleen M. Flynn's written opinion. We add only a few comments. In evaluating defendant's claims of ineffective …
- STATE OF NEW JERSEY VS. VINCENT ABRUZIA (96-12-3865, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… manslaughter, four counts of robbery, conspiracy to commit murder, conspiracy to commit robbery, conspiracy to commit aggravated assault, and weapons offenses for his part …
- njcourts.gov… in other cases is limited. R. 1:36-3. 2 A-2361-23 In this commercial loan foreclosure case, defendants appeal the … them above, we have considered defendants' remaining points and sub-points and have determined they lack sufficient merit to be …
- STATE OF NEW JERSEY VS. JONATHAN CARAMBOT (2022-001, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… DID NOT ESTABLISH INTOXICATION POINT III – THE COURTS BELOW COMMITTED ERROR BY SHIFTING THE BURDEN OF PROOF ONTO … Moreover, the State did not seek to obtain a warrant to compel defendant to provide a urine or blood sample. So, … his blood system, the police could have sought a warrant to compel a urine sample or a blood sample. The police could …
- njcourts.gov… defendant, who "indicated that he believed that it was a complete and accurate record of all the calls that were … the reasons set forth by Judge Incarvito-Garrabrant in her comprehensive written decision. We add the following … for organizing his own defense, making motions, arguing points of law, participating in voir dire, questioning …