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… Argued November 18, 2019 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … five counts of second-degree possession of a firearm while committing a CDS offense, N.J.S.A. 2C:39-4.1(a). Defendant … v. Simonini, 163 N.J. 336, 361 (2000) (alterations in original) (citations and internal quotations omitted). …
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… Argued December 16, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from an … of E.S. K.J. explained in 2019 that he did not initially come forward after recognizing defendant as the man who shot … 426 N.J. Super. 32, 43 (App. Div. 2012) (alteration in original) (quoting United States v. Gonzalez-Lopez, 548 U.S. …
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… Submitted January 6, 2020 – Decided Before Judges Vernoia and Susswein. On appeal from the … In exchange for defendant's plea, the State agreed to recommend dismissal of two other third-degree drug offenses … Hill v. Lockhart, 474 U.S. 52, 59 (1985) (alteration in original)). Defendant argues his plea counsel did not inform …
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… Argued telephonically May 7, 2020 – Decided May 19, 2020 Before Judges Alvarez and DeAlmeida. On appeal from the … Spence, of counsel and on the briefs). PER CURIAM M.H. was originally charged in Pennsylvania with forty-three counts … brought after he admitted in a family counseling session to committing sexual acts against both children. He pled guilty …
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… Argued September 23, 2019 – Decided Before Judges Fasciale and Moynihan. On appeal from the … ERRED BY FAILING TO CONSIDER FACTOR FOUR, THE DESIRE OF THE COMPLAINANT OR VICTIM TO FOREGO PROSECUTION. 3 A-0893-18T3 … 437 N.J. Super. 555, 563 (App. Div. 2014) (alteration in original) (quoting Negran, 178 N.J. at 82). The denial of …
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… Submitted October 29, 2019 – Decided Before Judges Ostrer and Susswein. On appeal from the New … all his adult life in prison, Ravenell will soon rejoin the community. His "max-out" date is January 7, 2022. To ease … status. They reaffirmed the SWSP Associate Administrator's original reasoning. They referred to Ravenell's pre-sentence …
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… Argued October 7, 2019 – Decided November 27, 2019 Before Judges Sabatino, Geiger and Natali. On appeal from the … October 2015, the Jersey City Police Department obtained a communications data warrant for defendant's Facebook account … the Interest of A.R., 234 N.J. 82, 97 (2018) (alteration in original) (quoting Randolph Town Ctr., L.P. v. Cty. of …
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… Argued March 24, 2021 – Decided May 12, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … for the reasons set forth in Judge Bernard E. DeLury, Jr.'s comprehensive opinion. Following an eight-day jury trial,1 … State v. Baum, 224 N.J. 147, 158-59 (2016) (alteration in original) (quoting State v. Reddish, 181 N.J. 553, 613 …
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… Submitted March 8, 2021 – Decided May 7, 2021 Before Judges Rothstadt and Susswein. On appeal from the … 2C:15-2(a)(1), (2), and (4)2; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1); … State v. DiFrisco, 137 N.J. 434, 457 (1994) (alterations in original)). Short of obtaining immediate relief, a defendant …
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… Submitted March 17, 2021 – Decided May 5, 2021 Before Judges Vernoia and Enright. On appeal from the Board of … Set-Off Program" and the subsequent interception of his income tax refund. We denied his request for a stay. On … court would come to 9 A-2733-19 the same conclusion if the original determination was its to make, but rather whether …
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… JUNE JONES, Defendant, and MORRIS CANAL REDEVELOPMENT AREA COMMUNITY DEVELOPMENT CORP., Defendant-Appellant. … Submitted January 26, 2021 – Decided April 28, 2021 Before Judges Gilson and Gummer. On appeal from the Superior … in arbitration pursuant to Rule 4:21A-1. The arbitration originally was scheduled for September 28, 2016. After …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … DIVISION DOCKET NO. A-4452-18T3 STATE OF NEW JERSEY, by the COMMISSIONER OF TRANSPORTATION, Plaintiff-Appellant/ … way of the plain language.'" Id. at 529-30 (alteration in original) (quoting Marino v. Marino, 200 N.J. 315, 329 …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … for the reasons set forth in the trial judge's "comprehensive and well-reasoned written opinion." A.L., slip … require consideration of the motion by at least part of the original panel. See R. 2:11-6(b) (declaring that "[a] motion …
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… Submitted November 18, 2021 – Decided January 19, 2022 Before Judges Alvarez and Mitterhoff. On appeal from the … precedents, we affirm. Defendant had been placed on community supervision for life (CSL) prior to the February … at 462-63 (citing N.J.S.A. 30:4-27.28[(d)]) (emphasis in original).] If the Attorney General has the power to pursue …
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… Submitted November 12, 2020 – Decided Before Judges Fuentes, Rose, and Firko. 1 Improperly pled as … of Mount Olive Council (Township Council) to dismiss her complaint.4 Plaintiff primarily argues the motion judge … process.'" 86 N.J. at 190 (third alteration in original) (citation omitted). Accordingly, what might be …
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… Submitted February 1, 2021 – Decided March 12, 2021 Before Judges Rothstadt and Susswein. On appeal from the … motion for summary judgment and dismissing plaintiff's complaint seeking damages for injuries he allegedly … tasks. Knowles, 176 N.J. at 332 (second alteration in original) (quoting Gilhooley, 164 N.J. at 540). However, …
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… CZYZ, Plaintiff-Appellant, v. BEST CHOICE MOVING, INC., a foreign corporation, ROMAN SAKHOROV, RICK CASTERLINE, and … 2018 and February 16, 2018 orders dismissing plaintiff's complaint and motion for reconsideration for the court to … personal items, it demanded more money than the parties had originally agreed upon. Nonetheless, Best 3 A-4480-17 Choice …
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… Submitted February 10, 2021 – Decided June 21, 2021 Before Judges Accurso and Enright. On appeal from the Superior … count of first-degree sexual assault in exchange for a recommended twelve-year NERA1 term, the same plea defendant … was never willing to negotiate anything other than its original offer, presenting defendant with a choice of taking …
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… Argued April 21, 2021 – Decided July 2, 2021 Before Judges Sumners and Geiger. On appeal from the Superior … we decline to utilize this term because of its prejudiced origins. See Webster's Third New Int'l Dictionary 987 (2002) … addition, the suit sought judgment against defendants for compensatory damages, attorney's fees, and costs, with a …
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… Submitted January 25, 2021 – Decided November 8, 2021 Before Judges Messano and Suter. On appeal from the Superior … for reasons set forth by Judge Christopher R. Kazlau in his comprehensive written opinion. I. At approximately 2:48 a.m. … State v. Bogan, 200 N.J. 61, 73 (2009) (alterations in original) (quoting Debra Livingston, Police, Community …