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… situated, Plaintiffs-Appellants, v. AQUASID, LLC, t/a FUTURE FITNESS POWERED BY AFC, Defendant-Respondent. … defendant declined his request and charged him $1,256.71, comprised of three months of late fees, a collection fee, … New Jersey favors class certification, and all the prerequisites to certification under Rule 4:32-1(a) were met, as …
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… employer to accept from another employer employment which commences not more than seven days after the individual … with the second employer has weekly hours or pay not less than the hours or pay of the employment of the first … to a result not in accord with the essential purpose and design of the act, the spirit of the law will control the …
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… Public Defender, attorney for appellant (Monique Moyse, Designated Counsel, on the brief). NOT FOR PUBLICATION … ordered defendant to be examined in order to ensure his competency to stand trial. The evaluation was ordered based … and determined raising mitigating factor four would be futile. The PCR court aptly found that even if defendant had …
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… for appellant (Peter A. Gaudioso and Althea L. Daley, Designated Counsel, on the brief). Yolanda Ciccone, … defendant driving a blue Mitsubishi Galant in the opposite direction. Detective Guzman followed defendant because … but the police arrived before the transaction could be completed. On cross-examination, Kochick testified he could …
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… LAURA RUCCOLO, Plaintiff-Appellant, v. ARDSLEY WEST COMMUNITY ASSOCIATION, INC., Defendant-Respondent. … to question their [sic] actions," and the counterclaim was "designed to intimidate and harass" her and "chill her from … document does, in fact, 'notify' its recipient that the creditor may 'invoke' a judicial remedy," and thus is a …
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… Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, on the brief). Jill S. Mayer, Acting … PER CURIAM A jury convicted defendant David Henry of the lesser-included offense of aggravated manslaughter in the … to the continuing evolution of forensic science and the complexity of the forensic findings in this case, it was …
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… In a subsequent email, Morris asked Yerman: "Are you completely satisfied you can build your home on the … Grundlock from testifying because he lacked the requisite qualifications to serve as an expert witness in this … has the concomitant effect of rendering a [party's] claim futile," Cho, 443 N.J. Super. at 470-71. Had the trial judge …
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… Public Defender, attorney for appellant (Craig S. Leeds, Designated Counsel, on the brief). Damon G. Tyner, Atlantic … considered defendant's contentions and rendered a comprehensive decision with which we substantially agree. … would have been useful on cross-examination. Our court rules do not authorize discovery in PCR proceedings, and the …
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… Public Defender, attorney for appellant (Frank M. Gennaro, Designated Counsel, on the brief). Camelia M. Valdes, … ADMISSION OF EXPERT TESTIMONY AS TO CHILD SEXUAL [ABUSE] ACCOMMODATION SYNDROME REQUIRES THE VACATION OF DEFENDANT'S … pipeline retroactivity as applying the rule "in all future cases, the case in which the rule is announced, and …
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… On March 2, 2013, plaintiff filed a domestic violence complaint pursuant to the Prevention of Domestic Violence … her, and that plaintiff required a FRO to protect her from "future acts of domestic violence." The judge then issued a … deemed relevant by the court. [Id. at 435.] The PDVA is designed to assure victims of domestic violence "the maximum …
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… Public Defender, attorney for appellant (Richard Sparaco, Designated Counsel, on the brief). Lyndsay V. Ruotolo, … purchase for "ten folds of heroin." After further communications, the Division decided that Detective Michael … deter [defendant] from engaging in criminal activity in the future." This appeal followed. 9 A-5409-17T1 II. In his …
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… Public Defender, attorney for appellant (Monique Moyse, Designated Counsel, on the brief). James L. Pfeiffer, Warren … was present in the vehicle with him or that defendant committed the robbery. Counsel asserted Sutton's defense was … to begin. The initial application is made on Bruton principles, somewhat loosely applied. . . . [I]n Bruton . . . the …
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… Deputy Public Defender, of counsel; Kevin G. Byrnes, Designated Counsel, on the briefs). Gurbir S. Grewal, … that P.N. had touched her in ways that made her feel uncomfortable. Nancy also told 2 We use the same fictitious … which resulted in "harm to the child and serious risk of future harm." Among other things, the judge found that …
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… Defender, attorney for appellant (Karen A. Lodeserto, Designated Counsel, on the brief). Christopher J. … Defendant was born and raised in Haiti and has limited command of the English language. Due to difficulties in … to suppress the DNA evidence obtained through the warrantless buccal swab. He allegedly advised defendant that it …
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… Public Defender, attorney for appellant (Al Glimis, Designated Counsel, on the brief). NOT FOR PUBLICATION … head-on into another, injuring the occupants of both vehicles. After the crash, defendant was arrested when he tried … accepted the guilty pleas, finding that "defendant [was] competent," and that "[t]he pleas [were] being made freely, …
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… FAILED TO REFLECT THE DEFENSE THEORY THAT [DEFENDANT] ONLY COMMITTED A THIRD-DEGREE THEFT, AND INCORRECTLY SUGGESTED … refer the application to its medical board which shall designate a physician to examine the person and make a … defendant was listed as an instructor on the gym’s website, Diamond said that was "for marketing," as defendant …
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… Defender, attorney for appellant (Amira Rahman Scurato, Designated Counsel, on the brief). Theodore N. Stephens II, … Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … he would have received under the plea offer would have been less severe than those resulting from the trial. Lafler, 566 …
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… DIVISION DOCKET NO. A-4441-19 IN THE MATTER OF THE CIVIL COMMITMENT OF A.P. _________________________ Submitted May … determination either to commit or release an individual unless 'the record reveals a clear mistake.'" Id. at 175 … sanction of exclusion is guided by whether there was (1) a design to mislead, (2) surprise, and (3) prejudice if the …
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… Defender, attorney for appellant (Karen A. Lodeserto, Designated Counsel, on the brief). Theodore N. Stephens II, … a jury in Tennessee of assault and battery with intent to commit rape and burglary. He was sentenced to ten to twelve … Court to be relieved of my obligation to register, unless I have more than one sex offense or if any of the …
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… Defender, attorney for appellant (Karen A. Lodeserto, Designated Counsel, on the brief). Damon G. Tyner, Atlantic … lab received approximately nine milliliters of blood, deposited within two gray ten milliliter tubes, one containing … received and started testing the sample on September 7 and completed its testing and report on October 10, 2012. At …