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njcourts.gov
… on count 2 The grand jury also charged codefendant with committing crimes set forth in counts one, two, five, six, … judge stated that "[t]he duty to retreat . . . needed to come out [of the jury instructions]. Because there's no duty … that the defendant knew he/she could have retreated with complete safety. If the State carries its burden then [the …
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njcourts.gov
… of third-degree burglary and one count of conspiracy to commit burglary. Because the record supports the motion … offense, the use of a juvenile to commit criminal offenses, militated against defendant's acceptance into PTI and that … claim of innocence and that defendant's plea bargain militates against a plea withdrawal. The court denied …
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njcourts.gov
… 97 N.J. at 208); see N.J.R.E. 702. Matters "within the competence of the jury" are for the collective wisdom of the … an expert in forensic ballistics. And he told you he is familiar with that type of gun and when he got it he saw that … 2C:1-14(i), and "'"erroneous instructions on material points are presumed to" possess the capacity to unfairly …
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njcourts.gov
… estoppel, the single controversy doctrine or any other similar principle of law[.]" See Badiali v. N.J. Mfrs. Ins. … to the continuing evolution of forensic science and the complexity of the forensic findings in this case, it was … In his pro se supplemental brief, defendant raises several points for our consideration, which we discuss seriatim. …
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njcourts.gov
… defendants) to permit construction of single-family homes and ancillary improvements. The owner of an … property, plaintiff JSTAR, LLC, objected and, prior to the completion of Board action on the application, filed a … plaintiff's cross-motion for summary judgment and, similarly, dismissing its complaint with prejudice. 1 Although …
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njcourts.gov
… from Superior Court of New Jersey, Chancery Division, Family Part, Sussex County, Docket No. FJ-19-0136-17. Joseph … denied, juvenile Z.M., born in June 2000, pled guilty to committing acts of delinquency which, if committed by an … June 9, 2017, in accordance with the plea agreement, the Family Part judge placed Z.M. on probation for a period of …
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njcourts.gov
… Ortmann appeals from that portion of a Law Division order compelling the forfeiture of his entire pension earned while … Ortmann raises the following related constitutional points on appeal: POINT I THE COURT ERRED IN DECIDING THIS … federal conviction constituted a crime substantially similar to the crimes enumerated under N.J.S.A. 43:1-3.1(b) …
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njcourts.gov
… to dismiss count two of Indictment No. 15-12-2996 and to recommend a third-degree range sentence of a three-year term, … defendant had a newborn child and was supporting his family. When he appeared for sentencing on May 19, 2017, … term. This appeal followed. Defendant raises the following points: POINT I THE NO SHOW PROVISION WAS NEVER INCORPORATED …
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njcourts.gov
… to that sentence. Before us, defendant raises the following points: POINT I THE MOTION JUDGE APPLIED THE WRONG STANDARD … or rejection of an application to enter PTI. Subpart (e) accomplishes two goals. It specifically advises a defendant … of the offense, . . . including whether . . . it was committed in an especially heinous, cruel, or depraved …
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njcourts.gov
… used in the shooting was seized from defendant's glove compartment shortly after the incident. Defendant was … with a white logo. The shooting occurred less than one mile from the store, within two to four minutes after the … 199, 226-27 (2014); see also N.J. Div. of Youth & Family Servs. v. A.L., 213 N.J. 1, 28 (2013) (neither trial …
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njcourts.gov
… Frank Pescatore, with: (1) first-degree conspiracy to commit financial facilitation of a criminal activity, … and N.J.S.A. 2C:21-25; (2) second-degree conspiracy to commit theft by deception, contrary to N.J.S.A. 2C:5-2 and … misrepresentations regarding how the premiums were paid, similar to the false information contained on the Allianz …
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njcourts.gov
… was convicted of first-degree aggravated sexual assault by committing an act of sexual penetration upon a victim … (count two); first-degree aggravated sexual assault by committing an act of sexual penetration upon a victim by … II. In his present appeal, defendant makes the following points in his brief: POINT I: BECAUSE DEFENDANT ESTABLISHED …
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njcourts.gov
… was open; that is the State did not make a sentencing recommendation but reserved the right to argue for a sentence … in a PCR petition that is identical or substantially similar to an issue that was already raised and adjudicated in … did not constitute ineffective assistance under the familiar Strickland-Fritz standard.2 Defendant also claims in …
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njcourts.gov
… from the Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FN-02-0247-17. Joseph … detox." He chose the latter. When confronted with L.G.'s comments regarding R.G.'s use of a "smoker," R.G. denied … who supervised the investigation of R.G. and was familiar with the facts of his case, testified on behalf of …
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njcourts.gov
… any cooperation agreement with Jackson and argued the State committed a Brady1 violation with respect to its late … stated that if called to testify he would attest to facts similar to those in his statement to the police, including that he and Johnson were responsible for committing the crime. The PCR judge found the petition was …
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njcourts.gov
… with the following offenses: second-degree conspiracy to commit theft by deception and financial facilitation, … of a home or to engage in a search therein," State v. Miller, 342 N.J. Super. 474, 490 (App Div. 2001), "[a]n … right to execute an arrest warrant in a dwelling. In Miller, we held that "in the absence of consent or exigency, …
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njcourts.gov
… to install the ignition interlock device, pending the outcome of defendant's appeal for a de novo review before the … on April 26, 2012." We directed the municipal court to complete this task within sixty days. After the reconstruction of the record was completed, we directed the Law Division to reconsider its …
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njcourts.gov
… two males standing in front of a house that Muhammad was familiar with from being previously involved with the … N.J. 343, 357 (2002) ("overnight guests have the same or similar expectation of privacy in the homes of their hosts as … the trial court in its oral decision. We add the following comments. An investigatory stop "occurs during a police …
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njcourts.gov
… him through a number of red lights at speeds up to ninety miles an hour. Other officers joined in the pursuit. … twelve other vehicles as he drove. After about two miles, defendant crashed into another car, causing injuries … been robbed in the past while buying drugs. After defendant completed the transaction, he heard someone screaming. …
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njcourts.gov
… R.1:36-3. May 23, 2017 2 A-5770-14T1 with conspiracy to commit second-degree aggravated assault, N.J.S.A. 2C:5-2 and … (1967). 2 The record does not reflect the Wade hearing was completed. 3 A-5770-14T1 counts one through four against … for a temporary remand to reconstruct the record and to complete the Wade proceedings; however, he later withdrew …