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… Submitted April 4, 2017 — Decided Before Judges Koblitz and Sumners. On appeal from Superior … four other counts of the indictment and promised to recommend a sentence of not more than six years in prison with … DISCOVERY, AND TRIAL COUNSEL'S FAILURE TO FILE A MOTION TO COMPEL THE STATE TO DISCLOSE THE IDENTITY OF THE …
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… Argued telephonically November 3, 2016 – Decided Before Judges Koblitz and Sumners. On appeal from Superior … aggregate period of four years on probation. Sometime after completing his probation, defendant was apprehended by the … in his thorough written opinion. We only add the following comments. Our Supreme Court has held that to set aside a …
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… Submitted March 14, 2017 – Decided Before Judges Fisher and Vernoia. On appeal from the Civil Service Commission, Docket No. 2014-2045. Fusco & Macaluso Partners, … Attorney General, attorney for respondent Civil Service Commission (Cameryn J. Hinton, Deputy Attorney General, on …
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… Submitted December 21, 2016 – Decided Before Judges Alvarez and Manahan. On appeal from Superior … (counts one and five); third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2 and 2C:20-3a (count two); … (count three); and third-degree conspiracy degree to commit burglary, N.J.S.A. 2C:5-2 and 2C:18-2(a) (count …
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… Submitted October 26, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … address his problems, but he was not able to successfully complete the programs. In addition to addiction issues, … behavior that involved contacting police about alleged computer hacking by unknown perpetrators due to her alleged …
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… Submitted January 15, 2019 – Decided Before Judges Gilson and Natali. On appeal from Superior Court … 13-08- 1472. Joseph E. Krakora, Public Defender, attorney for appellant (Anderson D. Harkov, Designated Counsel, on … a reduced sentence based on defendant's plea agreement, completed his sentence and could not be resentenced. 7 …
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… Submitted January 4, 2021 – Decided Before Judges Fasciale and Mayer. On appeal from the Superior … improperly bolstered by its expert witness; "the prosecutor committed misconduct in vouching for the credibility of a … on White I, the PCR judge determined any inappropriate comments regarding the credibility of a testifying co- …
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… Submitted January 19, 2021 – Decided Before Judges Messano and Hoffman. On appeal from the Superior … Indictment No. 17-10-2846. Joseph S. Scura, attorney for appellant. Theodore N. Stephens II, Acting Essex County Prosecutor, attorney for respondent (Hannah F. Kurt, Special Deputy Attorney …
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… Submitted June 17, 2020 – Decided July 21, 2020 Before Judges Koblitz and Gilson. On appeal from the Superior … I: THE STATE FAILED TO MEET ITS BURDEN OF ESTABLISHING A COMPELLING EXIGENCY OR EMERGENCY SUFFICIENT TO JUSTIFY … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the …
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… Submitted February 10, 2020 – Decided April 7, 2020 Before Judges Ostrer and Susswein. On appeal from the Superior … at the FRO plenary hearing. The trial court found that L.F. committed the predicate act of harassment by driving past … parties are familiar with the previous 1 We note the TRO complaint did not allege stalking as a predicate act. 3 …
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… Submitted November 9, 2020 – Decided Before Judges Hoffman and Suter. On appeal from the New Jersey … of a hearing officer to impose disciplinary sanctions for committing prohibited act *.011, possession or exhibition of … rescinded based on his [c]onstitutional right to religious freedom." 4 A-2851-18T2 On January 18, 2019, the Associate …
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… Submitted October 20, 2020 – Decided Before Judges Gilson and Moynihan. On appeal from the Superior … New York.1 He pleaded guilty to second-degree conspiracy to commit theft (count one), second-degree conspiracy to … advised him to plead guilty, defendant cites to a newspaper article reporting Tadjiev "pleaded guilty to three …
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… ALBERT UJUETA, d/b/a BUSINESS EXCHANGE ENTERPRISES, SMS NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … . . [A]s our courts have recognized, "motion practice must come to an end at some point, and if repetitive bites at the … of the Notice of Intent to Foreclose or the foreclosure complaint because he did not live at the address where …
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… Submitted November 18, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the Superior … eligible, but legally ineligible as a danger to the community. After the Drug 3 A-0116-19T1 Court's initial … and the pending charges established he was a danger to the community if sentenced to Drug Court. The judge then …
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… Defendant-Appellant. Submitted October 24, 2019 – Decided Before Judges Alvarez and Suter. On appeal from the Superior … in accord with a plea bargain, the judge must find a "'compelling reason' for the 3 A-0364-18T4 sentence … oral argument on the PCR petition, defendant's attorney commented that defendant was scheduled to be paroled in …
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… Submitted December 9, 2019 – Decided Before Judges Messano and Susswein. On appeal from the State … dispatched to an accident scene in response to a citizen's complaint. He arrived and saw "debris in the roadway[,]" … As in State v. Locurto, the rule of deference is more compelling where . . . two lower courts have entered …
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… Submitted November 7, 2019 – Decided Before Judges Nugent and Suter. On appeal from the Superior … as the result of the non-recording of the transmitted communications. 2 State v. Driver, 38 N.J. 255 (1962). 7 … that trial counsel was ineffective for failing to move to compel the State to disclose the identity of the …
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… Submitted November 13, 2019 – Decided Before Judges Fisher and Accurso. On appeal from the Superior … plaintiff underwent hip surgery. When his physician recommended he not drive the leased vehicle, plaintiff … for dismissal, and plaintiff appeals, arguing in three points that the motion judge: erroneously applied Rule …
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… Submitted January 10, 2022 – Decided January 31, 2022 Before Judges Sabatino and Rothstadt. On appeal from the … N.J.S.A. 2C:44-1(b)(14) (applicable to offenders who commit crimes when under the age of twenty-six), a provision … in this case. We have duly considered defendant's other points and sub-points, and they have insufficient merit to …
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… Argued May 5, 2022 – Decided May 18, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior … job "to determine if [d]efendant . . . was negligent in complying with that duty." On June 4, 2021, the jury … plaintiff must support each of the four elements with "some competent proof." Davis v. Brickman Landscaping, Ltd., 219 …