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- A-0203-18T2 Opinionnjcourts.gov… which was entered after a jury convicted him of committing second-degree certain persons not to possess a … "looked up and saw [them]," and turned to walk in the opposite direction the officers were driving. According to the … State satisfied its burden by relying upon Cincilla's unrefuted testimony that he observed defendant discard the …
- A-1614-15T1 Opinionnjcourts.gov… Defender, attorney for appellant (Michael James Confusione, Designated Counsel, on the brief). Scott A. Coffina, … through counsel: POINT II: THE PROSECUTOR WENT BEYOND FAIR COMMENT ON THE EVIDENCE IN SUMMATION. POINT III: THE TRIAL … a need to deter both defendants from similar conduct in the future. The court applied mitigating factor six because …
- A-4299-15T4/A-4350-15T4 Opinionnjcourts.gov… or confinement element of kidnapping. Id. at 13. We commented that whether the trial and appellate counsel were … Cir. 1993). "[C]ounsel is normally not expected to foresee future new developments in the law . . . ." Nelson v. … statement – the evil that the Burr and A.R. rule is designed to combat – was reduced by the complete playback of …
- A-1144-15T3 Opinionnjcourts.gov… Defender, attorney for appellant (Michele A. Adubato, Designated Counsel, on the brief). Jennifer Webb-McRae, … in a drawer, and two bags of marijuana, two digital scales and $1595 in a closet safe. Defendant was charged in an indictment with committing the following offenses "[o]n or about" December …
- A-0481-15T1 Opinionnjcourts.gov… Public Defender, attorney for appellant (Robert C. Pierce, Designated Counsel, on the brief). Damon G. Tyner, Atlantic … co-defendant Nicole Cumens with third-degree conspiracy to commit burglary and theft, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-1 … involving broken rear doors and the theft of valuables occurred at separate Buena Vista residences. On January …
- A-2213-16T2 Opinionnjcourts.gov… Defender, attorney for appellant (Durrell Wachtler Ciccia, Designated Counsel, on the brief). Esther Suarez, Hudson … approximately a minute. The expert further testified the compression injuries that caused the baby's death were not … to a conversation she had with defendant when she visited him at the county jail following his arrest. He told …
- A-0448-15T2 Opinionnjcourts.gov… drive back past the house and was concerned he was coming back to shoot her. But, defendant did not stop. J.R. … Frampton passed a similar looking car heading in the opposite direction toward the hospital. Frampton executed a … judge found it was 11 A-0448-15T2 defendant's voluntary "design" to have Roselli retrieve the weapon. In Point II, …
- A-1807-15T3 Opinionnjcourts.gov… Public Defender, attorney for appellant (Thomas G. Hand, Designated Counsel, on the brief). Angelo J. Onofri, Mercer … immediately proceeding to a suppression hearing, which was completed that morning. [State v. Miller, 420 N.J. Super. … with defendant, and what store defendant 15 A-1807-15T3 visited. When confronted with these inconsistencies, Leary …
- A-6-14 Opinionnjcourts.gov… flight increased the risk that further harm would come to the injured victim. On March 1, 2009, Erica Ortiz … the Superior Court, Appellate Division. Monique D. Moyse, Designated Counsel, argued the cause for appellant (Joseph … proof that the defendant’s flight increased the risk of future harm. This is not a case, as defendant suggests, in …
- A-4407-18 Opinionnjcourts.gov… Public Defender, attorney for appellant (Lee March Grayson, Designated Counsel, on the brief). William C. Daniel, Union … BY FAILING TO INSTRUCT THE JURY ON THE LIMITED USE OF FRESH COMPLAINT TESTIMONY. (Not Raised Below). 4 A-4407-18 POINT … decision7 prevent him from having contact with Ava in the future, he must also protect "all [possible] victims" from …
- A-3569-17T1 Opinionnjcourts.gov… of summary judgment dismissing their medical malpractice complaint against defendant registered nurses Aldrin … plaintiffs' motion for reconsideration. "The first prerequisite . . . of due process is fair notice, so that a response … judgment the hospital never made. "[Summary judgment] is designed to provide a prompt, businesslike and inexpensive …
- A-4516-18T1/A-4517-18T1 Opinionnjcourts.gov… Deputy Public Defender, of counsel; James Daniel O'Kelly, Designated counsel, on the briefs). Joseph E. Krakora, … 20, 2017, the Division received a referral that Zebulon complained of D.P. "whooping him." The child had bruises on … 116 (App. Div. 2015). 23 A-4516-18T1 We note that D.P. visited the Division's office on January 8, 2018, and …
- A-4391-18T1/A-4910-18T1 Opinionnjcourts.gov… a yard with a white picket fence. Acting on a homeowner's complaint, police recovered a loaded handgun, serial numbers … private as if using their own phone. As I see it, the opposite is true. It would be unreasonable for a member of the … their own phone. Our constitutional privacy protections are designed to prevent police agencies from intruding into …
- A-2659-15T4 Opinionnjcourts.gov… the Township since 2002, testified for the Township. PRC, a compounder of thermal plastics, rented property located at … current quarter’s reading. If an estimate was used, it was designated with an "E" in the column titled "Est Flag." … we conclude that plaintiffs failed to establish the requisite breach of the contract, we need not address plaintiffs' …
- A-3724-17T2 Opinionnjcourts.gov… Public Defender, attorney for appellant (Frank M. Gennaro, Designated Counsel, on the brief). Lyndsay V. Ruotolo, … at the motion to suppress was presented in a "thoughtful, competent, thorough, and professional manner," and the judge … found in one of the bedrooms in the apartment, he visited the Elizabeth Police Department to obtain what he …
- A-4341-16T4 Opinionnjcourts.gov… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 14-12- 1340. Joseph E. Krakora, … of seven crimes and four disorderly persons offenses she committed during the home invasion and robbery of an elderly … implicates the doctrine of invited error. The doctrine "is designed to prevent defendants from manipulating the …
- A-3524-16T4 Opinionnjcourts.gov… Defender, attorney for appellant (Michele A. Adubato, Designated Counsel, on the brief). Michael A. Monahan, … Officers Cruz and Farinas were dispatched to a multi-family complex in response to a report of a "[d]isorderly group." … his fingers on the triggers. Cruz also saw two empty bottles of Hennessy Cognac and a bullet-proof vest. Defendant's …
- A-3937-17T3 Opinionnjcourts.gov… separated and plaintiff moved to Boston. Plaintiff filed a complaint for divorce on June 26, 2013. In his 2013 case … that it is only the judgments or orders or parts thereof designated in the notice of appeal which are subject to the … receive an additional bonus in March (2018), and does not refute the fact that she receives $26,000 per year in rental …
- A-5878-17T1 Opinionnjcourts.gov… continuous or in the aggregate, of at least [fourteen] days commencing on or before November 21, 1983 or the date of … to veterans are broader in scope as to a "time of war" designation. The judge found this argument unpersuasive … for that reason their findings will not be disturbed unless they are plainly arbitrary or there is a lack of …
- A-5990-17T2 Opinionnjcourts.gov… durational alimony to plaintiff ex-wife for four years, commencing when plaintiff moved out of the former marital … provides wage information from the Department of Labor website and asks the [c]ourt to "recalculate the imputed income … gainfully employed, and the burden shifts to defendant to refute that presumption." Id. at 342-43. We remanded "for …