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… Submitted July 25, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … that shots had been fired at the Delsea Gardens apartment complex involving a black Toyota FJ Cruiser with a white … State v. Mann, 203 N.J. 328, 338 (2010) (alteration in original) (citation omitted). Here, the totality of the …
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… Submitted May 3, 2018 – Decided Before Judges Haas and Rothstadt. On appeal from Superior … defendant "just stared at her and it made her feel really uncomfortable[,]" but he did not touch her. After completing … listed the three incidents in a different order than Janet originally reported them to her school. Thus, the report …
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… Argued September 12, 2018 – Decided Before Judges Messano, Fasciale and Rose. On appeal from the … 415 N.J. Super. at 347 (quoting In Re Election Law Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 260 (2010)). … Francois, 415 N.J. Super. at 350 (second alteration in original) (quoting Krayniak v. Bd. of Trs., Pub. Emps.' Ret. …
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… Argued December 11, 2018 – Decided Before Judges Yannotti and Rothstadt. On appeal from Superior … the Ocean County Clerk titled "Plan of Berkeley Quay" (the Original Subdivision Map). Twenty-five of the lots in … approval. Berkeley Point initially conveyed what would become plaintiffs' property to Anton and Irene Smutko by a …
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… Submitted March 28, 2017 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from … employed until his termination in June 2014. As part of his compensation package, plaintiff maintained a retirement … Roe account. Plaintiff also urges this panel to exercise original jurisdiction and order distribution of all …
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… Argued January 18, 2018 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … a knowing, intentional control of a designated thing, accompanied by a knowledge of its character. Thus, a defendant … State v. Nelson, 173 N.J. 417, 446 (2002) (alteration in original) (quoting State v. Koskovich, 168 N.J. 448, 508 …
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… Submitted December 13, 2017 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … police officer that he had seen a person who matched the composite picture police had produced in the Schwartz … doubt and the motion is denied. [Id. at 14 (alteration in original).] We determined that the judge's findings were …
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… Submitted October 30, 2018 – Decided Before Judges Hoffman and Suter. On appeal from Superior Court … for an unlawful purpose, N.J.S.A. 2C:39-4(d), third-degree computer theft, N.J.S.A. 2C:20-25(a), fourth-degree computer … in a verdict worthy of confidence." [Ibid. (alteration in original) (citation omitted) (quoting Kyles, 514 U.S. at …
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… HOMEOWNERS ASSOCIATION, INC., Defendant-Appellant. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … consolidated for purposes of this opinion, arise out of a complaint filed by plaintiff Flemington Fields Condominium … and (3) administrative convenience." Ibid. (alteration in original) (quoting In re Niles, 176 N.J. 282, 294 (2003)). …
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… ABUSED ITS DISCRETION BY DENYING DEFENDANT'S REQUEST TO REVISIT THE DECISIONS ON THE MIRANDA AND SEVERANCE OF OFFENSES … brief. Point 1 The Trial Court error in dismissing the original presentation from May 9, 2011. Point 2 The … while he could not remember whether he was armed when he committed the 2009 robbery, he allowed he "probably had [a …
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… Argued November 29, 2016 – Decided Before Judges Reisner, Rothstadt, and Sumners. On appeal from … entered by the Law Division dismissing each of its three complaints relating to its efforts to obtain a zoning permit … CCO and to present testimony and evidence in support of its original claims. The zoning board concluded in its …
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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 … "either unknown, unarisen or unaccrued at the time of the original action," K-Land Corp. No. 28 v. Landis Sewerage …
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… Argued March 2, 2017 – Decided Before Judges Lihotz, Hoffman and Whipple. On appeal from … the initial contract were the Somerset Educational Services Commission (Somerset), a public entity tasked with … a contract dated 5/28/14." This is a reference to the original contract between RAI and Palomino, dated May 28, …
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… 2022 Resubmitted July 19, 2022 – Decided August 4, 2022 Before Judges Sabatino and Mayer. On appeal from the Superior … Gerardo Rivera-Robles arrived by car at the apartment complex designated for the physical exchange of drugs and … investigator, produced enhanced versions of Gauthier's original cell phone photographs. The enhanced photographs …
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… Argued June 9, 2022 – Decided July 25, 2022 Before Judges Hoffman, Geiger and Susswein. On appeal from the … to lot size, setbacks, land coverage, height, and parking." Com. Realty and Res. Corp. v. First Atl. Props. Co., 235 4 … general storage. However, he acknowledged that the original purpose of the 1997 resolution was for individuals …
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… Submitted February 9, 2022 – Decided April 22, 2022 Before Judges Sumners and Vernoia. On appeal from the Superior … charges for one year. We affirm. This appeal has its origins in two separate motor vehicle stops of defendant by … police officers in May 2016, resulting in the issuance of complaint-summonses for motor vehicle violations and …
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… Submitted April 28, 2022 – Decided May 6, 2022 Before Judges Mawla and Alvarez. On appeal from the Superior … She stated she went to defendant's house and he agreed to come to the Prosecutor's office to speak with detectives. … without a lawyer present." Id. at 117 (alteration in original) (emphasis added). Defendant made no mention of a …
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… Submitted January 5, 2022 – Decided May 2, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … 2C:28-5(d) (count eleven); and second-degree conspiracy to commit witness tampering, N.J.S.A. 2C:5-2 and 2C:28-5(d) … 2016, while defendant was incarcerated, postings seemed to originate from defendant's phone when, in actuality, they …
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… Submitted April 25, 2022 – Decided May 2, 2022 Before Judges Fasciale and Vernoia. On appeal from the … home. Id. at 3. M.F. testified the man gestured for M.F. to come over to the man's porch, but M.F. went directly into … J.P. "occasionally heard, 'suck it.'" Ibid. (alteration in original). J.P. testified the man masturbated while standing …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … offense that defendant was harassing him.2 Plaintiff's complaint stated that defendant made "repeated calls to 2 It … plaintiff's girlfriend. Plaintiff also claimed, in the original request for a restraining order, that defendant had …