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… was "scared" because defendant believed "the cops [were] coming." In response to the information Kirce provided to … a party in a car with defendant, Gonzalez, Chutay and "Slash." Defendant gave Pena directions to a street in … on lesser-included offenses, are essential to a fair trial. State v. Savage, 172 N.J. 374, 387 (2002); see …
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… AT PORT IMPERIAL URBAN RENEWAL II, LLC, K. HOVNANIAN COMPANIES NORTHEAST, INC., K. HOVNANIAN HOMES, RTKL NEW … property. The unit featured three walls with large glass windows and doors. In June 2007, plaintiffs rented the … evidence. Anderson also testified she did not know the fair market rent for the condominium or the current value of …
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… WITHOUT A LIMITING INSTRUCTION, EVIDENCE OF PRIOR BAD ACTS COMMITTED BY [DEFENDANT], ALTHOUGH THAT 1 Defendant was … IMPOSITION OF SUCH AN EXTRAORDINARY SENTENCE WAS GROSSLY UNFAIR. 3 We have condensed point II for clarity. 4 … its judgment for that of the sentencing court." State v. Fuentes, 217 N.J. 57, 70 (2014). Instead, we will affirm the …
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… with nine floors of residences above four floors of parking comprised of nine one-bedroom units, thirty-six two- bedroom … sale of the first townhouse, the Township's tax assessor combined Lots 39 and 40, on which the townhouses were … decision is limited. Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 327 (1998). We …
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… Submitted March 21, 2018 – Decided Before Judges Fuentes, Koblitz and Suter. On appeal from Superior Court of … Ophthotech after April 1, 2014, the date after the divorce complaint was filed, and the court's order that plaintiff's … "The goal of equitable distribution . . . is to effect a fair and just division of marital assets." Steneken v. …
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… were able to track the Lincoln's location by logging into a computer program. On May 17, Detective Marino observed on … reasons explained above, we disagree. The stop of an automobile is proper if, among other things, there is reasonable … where, given the totality of the circumstances, there is a "fair probability that contraband or evidence of a crime will …
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… Plaintiff-Appellant, v. TOWNSHIP OF MIDDLETOWN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN, TOWNSHIP OF MIDDLETOWN PLANNING BOARD, LTF REAL ESTATE COMPANY, INC., RED BANK HMS, LLC, and MACK-CALI REALTY … is limited. Smart SMR of New York, Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 327 (1998). We …
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… v. WINSTON TOWERS 200 ASSOCIATION, INC., RCP MANAGEMENT COMPANY, BHB INSURANCE SERVICES, and BARBARA LOMBARDI, … When determining the existence of a duty, courts consider fairness, public policy, and foreseeability of injury to … that an expert to opine on the physical properties of glass was not required to support plaintiff's claim that a …
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… the Tax Court properly interpreted the New Jersey Gross Income Tax Act (Act), N.J.S.A. 54A:1-1 to 54A:10-12, when it … reasons of predictability and repose," as opposed to fairness. [Id. at 109 (quoting Superior Air Prods. Int'l, … to the legal determinations of the [Tax] [C]ourt." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins., 224 N.J. 189, …
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… Defendant-Respondent/ Cross-Appellant, and GAELIC COMMUNICATIONS and ZONING BOARD OF ADJUSTMENT OF THE … (2013) (first citing Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 327 (1998), then … is irrelevant to the disposition of this appeal. D. Last, we affirm the motion court's denial of Millstone's …
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… October 1, 2020 – Decided September 14, 2021 Before Judges Fuentes, Whipple and Firko. On appeal from the Superior … Practical Nurse (LPN) who was employed by a private company that provides twenty-four-hour personal care for … appeal, defendant raises several arguments attacking the fairness of the trial and questioning the sentence imposed …
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… of the witness and his credibility . . . [but could] come up during cross-examination" and therefore could bear … THE [BRADY] VIOLATIONS CAUSED THE DEFENDANT TO RECEIVE AN UNFAIR TRIAL. POINT II. THE PROSECUTION ARGUMENT SINCE IT … not later than [sixty] days after the filing of the last amended petition or answer, with discretion to extend …
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… the Wiretap Act provision designed to safeguard privileged communications. Defendants also argued to the trial court … PREJUDICED DEFENDANT'S FUNDAMENTAL RIGHT TO HAVE A JURY FAIRLY ASSESS THE PERSUASIVENESS OF HER CASE. II. We first … to see (indiscernible). FEMALE: Okay, how do I spell your last name? [Defendant spells his name] FEMALE: Ah, okay. All …
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… that occurred on August 26, 2016, two days before the last of the four assaults 4 A-5846-17 included in the … who told him the man in the car "tried to get [her] to come to the vehicle." Officer Miller also testified that … harmful error that compromised defendant's right to a fair trial. 25 A-5846-17 The trial judge's reliance on …
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… of the criminal code, including the Registration and Community Notification Laws, N.J.S.A. 2C:7-1 to -11 (Megan's … conducted pursuant to N.J.S.A. 2C:47-3, a Megan's Law tier classification hearing or such other judicial proceeding as … substantive due process, equal protection, and fundamental fairness claims. 3 The trial court's decision resulted in …
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… Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2, seeking both compensatory damages and punitive damages. Having considered … we refer to him by his first name because he shares a last name with plaintiff. We mean no disrespect. 4 A-0817-18 … made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the …
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… in other cases is limited. R. 1:36-3. 2 A-2889-19 Legal Affairs, attorney; Thomas R. Hower, on the brief). PER CURIAM … disability retirement benefits, a claimant must also comply with N.J.S.A. 43:16A-7(a)(1)'s procedural … disability is due to the accident and the filing was not accomplished within the five-year period due to a delayed …
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… October 10, 2019 – Decided July 29, 2020 Before Judges Fuentes, Haas and Mayer. On appeal from the Superior Court … Child Protection and Permanency (Division) filed a Verified Complaint for the Care and Supervision of these two children … must do so in a manner that permits a full and fair adjudication of the dispute and a prompt and equitable …
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… homes located on a portion of a former residential community that was commonly known as "Camp Osborn" that had … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." J.B. v. N.J. State Parole Bd., … due process rights. 4 In doing so, it relies upon DeBlasio v. Zoning Board of Adjustment of West Amwell, 53 F.3d …
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… stalled over the price, and in September 2015, PPG filed a complaint and requested an order requiring Ten West to … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … which will enable the trier of the facts to make a fair and reasonable estimate." Lane v. Oil Delivery, Inc., …