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… State will submit their Sentencing Memorandum, and their recommendation to the Court. After reviewing all of that, … I actually reduced it. I did not follow the [twenty] year recommendation of the [S]tate and initially gave [thirteen], … at trial to the defendant and may have led to an outcome that was worse than what was actually rendered in this …
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… DIVISION DOCKET NO. A-3236-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF N.W., SVP-279-02. ______________________ … February 23, 2017 Law Division order continuing his civil commitment to the Special Treatment Unit NOT FOR PUBLICATION … 13 A-3236-16T5 On appeal, N.W. raises the following points for our consideration: POINT I THIS COURT MUST …
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… cause for respondent Giovanna Spoleti (Law Offices of Viscomi & Lyons, attorneys; Emily S. Barnett, on the brief). … and her son, Vincent Spoleti, and dismissing plaintiffs' complaint. The complaint sought damages arising from the injuries William …
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… DIVISION DOCKET NO. A-3380-16T3 BEAUTY PLUS TRADING COMPANY, INC., Plaintiff-Appellant, v. NATIONAL UNION FIRE … appeal followed. On appeal, plaintiff raises the following points for our consideration: POINT I THE TRIAL COURT ERRED … of the parties will be fulfilled." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010). Courts should interpret an …
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… to the Attorney General's Brimage1 Guidelines, and recommend that defendant be sentenced to a non-custodial term … conditions of probation imposed, defendant was directed to comply with any Immigration and Customs Enforcement … the United States Department of Homeland Security commenced removal2 proceedings against defendant. …
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… his answer and affirmative defenses to the third-party complaint pursuant to Rule 4:23-2(b), and a February 5, 2016 … by suppressing Joseph's answer to the third-party complaint, we affirm. I. Third-party plaintiff Kathleen … or rendering a judgment by default against the disobedient party" who "fails to obey an order to provide or …
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… order dismissing his claims with prejudice for failure to comply with a court order per Rule 4:37-2(a). We affirm. We … Markizon, his wife, Joan Markizon, and Affiliated.1 In his complaint, Trang averred legal fraud, negligent … This appeal followed. On appeal, Trang raises the following points: POINT I THERE WERE NO GROUNDS TO DISMISS THIS ACTION …
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… and psychological evaluations and to follow any treatment recommendations. Defendant was also required to complete the Alternatives to Domestic Violence Counseling … not limited to[,] [s]anctions, counsel fees, and the remedies set forth in Rule 5:3- 7." On June 3, 2016, defendant …
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… the women asked to see his phone. Defendant did not comply and instead ran out of the store. The women followed … he had loaned the vehicle to defendant. The brother-in-law complied with the officers' request to call defendant to his … to translate before moving on to the next. When the officer completed 5 A-4882-15T4 reading the form, he had defendant …
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… judge dismissed the remaining charges; ordered defendant to comply with Megan's Law, N.J.S.A. 2C:7-1 to -23; ordered the … erect, some flaccid," on digital media, meaning a phone or computer. Defendant also admitted that on December 3, 2014, … believe that a crime occurred and that the defendant committed it." Id. at 56- 57 (quoting Morrison, 188 N.J. at …
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… Virtua. On August 8, 2016, the Division filed a verified complaint for care and supervision of D.S. At the hearing on … hearing date. Additionally, as the Division correctly points out, "[t]o ensure that the safety of children is of … a time as possible." N.J.S.A. 9:6-8.49. "Title Nine embodies clear legislative commands requiring that Title Nine …
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… law, we reverse. I. On August 28, 2008, Liberty purchased commercial property located at 74 East Passaic Avenue in … Div. 2011); Pressler & Verniero, Current N.J. Court Rules, comment 4 on R. 2:6-2 (2017). We also generally decline to … On September 12, 2012, plaintiff filed a foreclosure complaint against Motiva. On October 3, 2012, plaintiff …
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… S.D. understood was defendant's home, she and her brother accompanied defendant to the front door, where they were let … Green, the victim did not know the defendant, the crime was committed at night in the dark, the victim's description of … the jury must find beyond a reasonable doubt that defendant committed the offenses in order to find him guilty. Based on …
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… from Baker and, in return, the government agreed to recommend his sentence be reduced from three to two years. … by the FBI, the CI contacted Baker, who told the CI to come to his home, located in Trenton. After being outfitted … cocaine, water, and baking soda and heating these ingredients. Clark then added: [T]he idea is to take – is to take …
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… DID NOT HAVE PROBABLE CAUSE TO BELIEVE THAT [DEFENDANT] COMMITTED A VIOLATION OF N.J.S.A. 2C:33-2.1. THEREFORE, THE … BY SUBJECTING [DEFENDANT] TO A FULL CUSTODIAL ARREST FOR COMMITTING A DISORDERLY PERSONS OFFENSE. We reject these … observed was consistent with street drug sales. He radioed command, who dispatched Officer Ramirez and his partner Jay …
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… argued the cause for respondents (Law Office of Viscomi & Lyons, attorneys; Christopher S. Byrnes, on the … pain. In January 2013, plaintiff began seeing Dr. Michael Gutkin, a physiatrist, who has been his treating physician … appeal followed. On appeal, plaintiff raises the following points for our consideration: POINT I THE JURY INSTRUCTIONS …
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… CURIAM The principal issue in this appeal pertains to the community caretaking exception to the warrant requirement. … on the vertical centerline." 2 He stated, "As part of my community care taking, as I explained earlier, you — we have … violation was, in fact, occurring. And, as part of the community care taking, one of our duties is to advise the …
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… open the door." Sarkos banged on the door and heard a commotion from inside the room and the sound of running … thought the liquid was PCP or "wak," which is what PCP is commonly called in the City. Defendant replied, "I ain't … not consider this argument on appeal. Generally, 'the points of divergence in proceedings before a trial court …
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… to dismiss the remaining counts. In addition, the State recommended that defendant serve 364 days in the county jail, … back the same day and volunteer to return a week later to complete his statement. Further, if a motion was filed and … for the investigation and the interview and his options of coming along or not prior to the initial interview. In …
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… day. Egan began the first interview by giving defendant the complaint. Egan told defendant that his bail was $800,000, … In the meantime, Egan talked to defendant about what he studied at school and his tattoos. When Wasko returned, they … of defendant's rights. II. Defendant raises the following points on appeal: POINT I THE TRIAL JUDGE ERRED IN FAILING …