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… N.J.S.A. 2C:39-5(b)(1), possession of a firearm while committing a CDS offense, N.J.S.A. 2C:39-4.1(a); and … defendant's arguments in detail. We add only the following comments. "We review the legal conclusions of a PCR judge de … The second prong is "an exacting standard: '[t]he error committed must be so serious as to undermine the court's …
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… 1 NOT TO BE PUBLISHED WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … HON. EDWARD A. JEREJIAN, P.J.Ch. This matter comes before the Court by way of Notice of Motion for … was unconscionable and unenforceable. However, Plaintiff points out that here, the interest rate is much different …
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… Appellate Division Clerk’s Office Richard J. Hughes Justice Complex 25 West Market Street, P.O. Box 006 Trenton, NJ … to R. 2:5-6(c) to amplify the court’s bench decision and accompanying Order of February 15th, 2019, granting the motion … was prohibited by law because it was based on works completed outside the statutory timeframe, was based on …
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… summary judgment and dismissing his personal injury complaint. We affirm. Waitikowich was the general contractor … hired Millstone Valley General Construction (Millstone) to complete the framing work on the home. Plaintiff, an … 132 N.J. at 439. In support of his first and second points of error, plaintiff principally relies on Alloway, as …
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… followed. On appeal, defendant presents the following points for our consideration: POINT I THE TRIAL COURT ERRED … Melendez's description of the shooter varied in height and complexion in the accounts she gave to law enforcement, and … Alfonso claimed he suffered a head wound, he did not file a complaint against defendant nor did DeMaio observe the wound …
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… N.J. Super. 409, 423 (App. Div. 1989)). "[A] defendant's complete understanding of his right to testify can be … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Defendant – other than to say … probability his testimony would have affected the outcome of his trial. We also agree with the PCR judge that the …
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… (count six); second-degree possession of a firearm while committing a CDS crime (guns and drugs), N.J.S.A. … if defendant "did possess a firearm while in the course of committing or attempting to commit a [CDS] crime, that being possession with intent to …
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… stamp with the word "Empire." He testified: [r]ed stamp is commonly used to be put on boxes or bags in reference [to] an indication of heroin. Brown box is commonly known to [him] to contain 600 white [glassine] bags … earlier. It has been consistently held "that a principal component of . . . probable cause . . . 'is a well-grounded …
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… Auto because it has not joined this appeal. 3 A-2959-16T4 complaint seeking repayment on the loan, Linda filed an answer, a counterclaim, and a third-party complaint against Bruce Kerzic – Thrift's president and … full alleged[ ] amount of $105,450.31. Plaintiff accurately points out that neither [d]efendant Auto nor [d]efendant …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Mala Sundar R.J. Hughes Justice Complex JUDGE P.O. Box 975 25 Market Street Trenton, New … mail, return receipt requested, a request seeking income and expense (“I&E”) information of/for the above …
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… Defendant then informed the court he read, reviewed, completed, and signed the plea form. The form corroborated … 145 (2009). The PCR judge heard oral argument and issued a comprehensive written opinion denying the petition. He … offenses. 5 A-3094-16T2 Defendant must, in this proceeding, come forward with some factual basis to suggest that he is …
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… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS ______________________________ : … repair, which required him to repair various types of communications equipment for military vehicles and fixed … of posting sentries with live ammunition at strategic points on the base to ensure against any sort of terrorist …
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… 2C:35-7.1. After his conviction, defendant pled guilty to committing third-degree possession of CDS, marijuana, with … he did not establish that, even if counsel erred, the outcome of the trial would have been different, or they were … 105 N.J. at 54 (citations omitted). The act or omission complained of must amount to more than mere tactical …
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… his firearm, and instructed defendant to stop. Defendant complied and immediately raised his hands in the air. … request for a continuance; whether the defendant has other competent counsel prepared to try the case, including the … this prejudice is of a material or substantial nature; the complexity of the case; and other relevant factors which may …
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… from a July 10, 2015 order dismissing count one of his complaint with prejudice and dismissing count two without … She asserted that plaintiff had available State law remedies to challenge the discipline, but instead waived his … The plaintiff . . . must either avail himself [of] the remedies provided by law or prove that the available remedies …
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… dismissal of plaintiff Tina Waldeier's personal injury complaint, in which she alleged defendant Piper I Townhouse … adjoin their residences, the court dismissed plaintiff's complaint. Having reviewed the motion record de novo, we … we affirm the order of summary judgment. Plaintiff commenced this action by filing a complaint against the …
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… carefully analyzing each of defendant's contentions. In his comprehensive oral opinion, Judge Paone found that trial … what benefit the interview of [Campfield] would have accomplished here. 5 A-1137-16T3 [Defendant] knew exactly what … had been provided by the [S]tate to the defense before the commencement of trial, and [defendant] has failed to …
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… Following her termination, plaintiff filed a two-count complaint alleging common law wrongful discharge and wrongful termination in … 10 A-2514-15T1 We affirm substantially for the reasons embodied in Judge Massi's January 8, 2016 opinion and March 4, …
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… DIVISION DOCKET NO. A-4228-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF C.E.G., SVP-452-07. … a judgment entered by the Law Division continuing his civil commitment to the Special Treatment Unit (STU) pursuant to … 2 A-4228-14T2 was no basis for the court to continue his commitment, because his conviction for the New Jersey …
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… v. MEDISPA OF SHREWSBURY LIMITED LIABILITY COMPANY d/b/a MEDISPA AT SHREWSBURRY, MARGUERITE DEFONTE, … DEFONTE, LASER MED SPA MANAGEMENT LIMITED LIABILITY COMPANY, and DR. JAMES AVELLINI, Defendants, and DR. JOSEPH … and remand in part for further proceedings. I Plaintiffs' complaint alleges in May 2012, they each sustained burns …