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… with two counts of third-degree aggravated assault by committing simple assault on law enforcement officers, … Defendant applied for PTI. A probation officer recommended denial, and the prosecutor agreed.1 The probation … officer recounted the facts of the new case, and recommended denial of PTI "based on the violent nature of the …
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… N.J.S.A. 2C:24-4(a). Each count alleged conduct committed against a different child. The conduct occurred … obligations." Thus, defendant raises the following points on appeal: I. AS THE LAW DIVISION JUDGE HELD, … and does not increase the punishment, nor change the ingredients of the offen[s]e or the ultimate facts necessary to …
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… action. In September 2014, plaintiff filed an amended complaint addressing the May 2007 modification agreement. Defendants did not accept service of the amended complaint and the judge entered default. Although the judge … plaintiff's motion for summary judgment and issued a comprehensive twenty-six page written opinion in which the …
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… 20, 2017 2 A-2272-16T1 Chunawala (collectively defendants) compelling arbitration of plaintiff's employment … discrimination claims and dismissing her Law Division complaint without prejudice. We affirm. The following facts … penis to a fellow co-worker, and that the incident became common knowledge throughout the workplace. Plaintiff asserts …
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… he had to quickly return upstairs when defendant caused a commotion in the kitchen. Sergeant Greenberg and the other … warrant, it is presumptively invalid; 6 A-4242-15T2 to overcome this presumption, the State must show the search falls …
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… 3, 2013, plaintiff Francine Gudin filed a one- count complaint against 6108 Hudson Avenue, LLC, and David … accruing from October 19, 2007. Plaintiff filed an amended complaint on October 10, 2014, adding two counts against … LLC, and David Hepperle filed an answer to plaintiff's complaint, which included a third-party complaint against …
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… brief). PER CURIAM N.J.S.A. 2C:39-5(j) provides that the commission of certain weapons offenses by a person who has a … to NERA, and NERA was enacted in 1997. Moreover, defendant points out that NERA first listed specific crimes, such as … c. 113, § 1. Cannel, New Jersey Criminal Code Annotated, comment 1 on N.J.S.A. 2C:39-5 (2017). The statement …
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… on February 7, 2011, and determined that defendant was competent to stand trial. On February 16, 2011, defendant pled guilty. The State agreed to recommend a sentence of ten years of incarceration with an … "[I]t'll be concurrent from now on." Defendant also completed plea forms in which he indicated that he …
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… cross-motion on the papers. In the statement of reasons accompanying the May 27, 2016 order, the court acknowledged … as written, absent a demonstration of fraud or other compelling circumstances." The court rejected plaintiff's … Nevertheless, "the court must discern and implement 'the common intention of the parties' and 'enforce [the mutual …
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… (Harry), born in 2010.1 Defendant raises the following points of argument for our consideration: THE DECISION TO … We affirm for the reasons stated by Judge Yablonsky in his comprehensive thirty-three-page written opinion issued on … provided defendant with extensive services, and she completed a treatment program, the court ordered Harry …
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… proceedings on May 29, 2009, by filing a foreclosure complaint, and default judgment was entered on October 26, … a trial judge's application or denial of equitable remedies should not be disturbed "unless it can be shown that … the court's broad discretion to employ equitable remedies, this power should be "sparingly exercised" and "a sale …
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… Losada appeal from the Law Division's dismissal of their complaint on summary judgment entered in favor of defendant, … to -11. The motion judge agreed and dismissed plaintiffs' complaint. On appeal, plaintiffs contend that the judge … N.J. 189, 199 (2016) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). Whether an …
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… Realty Trust (Brandywine), dismissing plaintiffs' complaint with prejudice. Defendants owned and operated the … and property where Cynthia1 was employed. Plaintiffs' complaint sought damages for injuries Cynthia sustained when … 9 A-4791-15T4 behalf should have observed and remedied the condition. Plaintiffs provided weather reports …
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… see also Pressler & Verniero, Current N.J. Court Rules, comment 5 on R. 2:6-2 (2017) ("It is, of course, clear that … years, the Division attempted to assist defendants in overcoming the conditions that led it to remove their children. … was made. Defendants attended therapy, reconciled, and completed parenting-skills classes. There were several …
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… child's death. As part of the plea agreement, the State recommended a fifteen-year prison sentence, with eighty-five … 2C:43—7.2, followed by five years of parole supervision. By comparison, the statutory maximum sentence for first-degree … the aggravating and mitigating factors and imposed the recommended sentence of fifteen years in prison, subject to …
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… 28, 2016 adjudication of delinquency for behavior which, if committed by an adult, would constitute fourth-degree … N.J.S.A. 2C:18-3(a) (Count Three). He was found not to have committed second-degree aggravated assault, N.J.S.A. 2C:12- … evidence to support the trial court's determinations. J.F. points out that he made no statements incriminating himself …
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… and Selective Transportation Corporation (Selective), are common carriers that transport goods. Empire and Sun are … three shipments for Sun. Each shipment was 3 A-3820-16T2 accompanied by a bill of lading issued by Empire and Sun. None … Thus, our review is de novo. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995) (explaining …
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… accepted the prosecutor's argument that the doctrine of completeness warranted playing the video in full. The judge … questions or statements by the detectives that included comments or opinions relating to the credibility of [the … credibility of the [d]efendant. You're not to give those comments any weight. Determining the credibility of …
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… that his counsel acted outside the range of professional competence." Defendant appeals, arguing: POINT I: MR. MOODY … discretion of trial counsel. See Fritz, 105 N.J. at 54 ("complaints 'merely of matters of trial strategy' will not … credible to the PCR judge, he could not resolve the two completely different factual scenarios surrounding …
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… JoAnn Chesimard after they relieved him following the completion of his shift. The Division denied the request … at any time before the member's retirement allowance becomes due and payable by sending a written request signed by … that "[a] member's retirement allowance shall not become due and payable until [thirty] days after the date the …