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… appeal from trial court orders dismissing the underlying complaint without prejudice and granting defendants' motion … public body's actions may be challenged under OPMA. Ibid. Similarly, it would "clearly subvert the purposes of the OPMA … adjudication or clarification." Brunetti v. Borough of New Milford, 68 N.J. 576, 586 (1975). If a plaintiff asserts …
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… and eight. Pursuant to the plea agreement, the State recommended concurrent twenty-five-year terms of imprisonment … 5 A-0570-23 On appeal, defendant raises the following points for our consideration: POINT I DEFENDANT RECEIVED … "whichever the defendant is challenging." State v. Milne, 178 N.J. 486, 491 (2004) (quoting State v. Goodwin, …
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… took her laptop and cell phone, and said, "thanks for the computer" while fleeing. Dawson used a bystander's phone to … Nike, Blaze Pizza, 4 A-3692-22 and the Prudential Insurance Company street cameras retained video for only one month, … This appeal ensued. II. Defendant raises the following points for our consideration: POINT I AS DEFENDANT HAD MET …
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… charged with four counts of second- degree conspiracy to commit kidnapping, N.J.S.A. 2C:5–2 and 2C:13–1; four counts … This appeal followed. On appeal, defendant raises these points for our consideration: POINT I [DEFENDANT] IS … focus on "the fairness of the overall sentence." [State v.] Miller, 108 N.J. [112], 122 (1987); see also State v. …
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… to focus their attention on Chestnut Park due to citizen complaints that the park was being "utilized for dealing … appeal followed. On appeal, defendant raises the following points for our consideration: POINT I SUPPRESSION IS … . . was aware that narcotics frequently were packaged in [similar] balloons'" (quoting 10 A-4695-16T3 Texas v. Brown, …
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… DIVISION DOCKET NO. A-4962-17T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.M., SVP-51-00. _____________________________ … behalf of all Muslim residents." A.M. acknowledges other similarly situated residents might have the ability to take … an exception, the accommodation would extend to all similarly-situated committees. Thus, we discern no abuse of …
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… to a jury for the murder of Lamar Glover, on a theory of accomplice liability, and the shooting of Raymond Kozar. He … MURDER CONVICTION MUST BE REVERSED BECAUSE THE GENERIC ACCOMPLICE LIABILITY INSTRUCTION: (1) FAILED TO RELATE … CORRECT THE STATE'S EGREGIOUS MISSTATEMENT OF THE LAW OF ACCOMPLICE LIABILITY; AND (3) FURTHER CONFUSED THE JURY BY …
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… Soto. The State initially made a written plea offer of a recommended fifty-year prison term, subject to NERA, in … the State's plea offers and whether those plea offers were communicated to defendant. Defendant moved to compel trial counsel to produce his trial file. On June 22, …
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… offer to plead guilty to aggravated manslaughter and to communicate to defendant all plea offers tendered by the … to the judge, trial counsel "was well prepared," "was familiar with the discovery," and "engaged this defendant." 7 … be established through evidence outside of the record." "Similarly, [his] argument regarding trial counsel's failure to …
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… 2C:15-1; first degree felony murder while attempting to commit robbery, N.J.S.A. 2C:11-3(a)(3); first degree felony murder while attempting to commit kidnapping, N.J.S.A. 2C:11-3(a)(3); first 3 A-4207-16T3 degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11- 3(a)(1) …
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… the street from her sister's house, and she again filed a complaint with the police. In October, C.G. and the children … if he could come back home and told her he missed his family. He stated that the two of them became affectionate and … of the alleged actions subjected the victims to "abusive, humiliating conduct" which was meant to be "harmful to their …
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… and to turn off the engine. After ten seconds, defendant complied. The vehicle never moved. Russo touched the hood … and told her to remain in the Explorer. Defendant did not comply and as she exited the vehicle, fell out and had to … Supreme Court favorably referred to Golotta, and used a similar rationale in holding that an anonymous 9-1-1 call …
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… A.W.,1 who, the State contended, was with defendant when he committed the precedent crimes. The letter2 and accompanying … will not normally be disturbed on appeal." State v. Miller, 205 N.J. 109, 129 (2011). We are unconvinced by … was never received by the intended recipient and was "mildly threatening." Again, the fact that the letter – …
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… credible evidence present in the record, our task is complete and we will not disturb the result. Id. at 162. Our … area." Defendant emphasizes the police heard no noises coming from that area and they had no information from 4 Our … "[e]ven if there was probable cause to search the passenger compartment of the car, . . . there was no exigency that …
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… to distribute. In the plea agreement, the State agreed to recommend a sentence of ten years of imprisonment with … fifty-four months of parole ineligibility. The plea also recommended that the sentence be served concurrent to any … be expected of a member of the bar or bench. Consequently a common sense approach must be taken in appraising the 7 …
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… incarceration to deter his criminal behavior; and Cole's commission of numerous, persistent, and serious … with his prior criminal record and resulted in the loss of commutation time, confinement in detention and … parole[,]" as permitted under N.J.A.C. 10A:71-3.11(b)(4). Similarly, Cole's statements "reflecting on the substantial …
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… and Sufficient to "Undermine Confidence" In the Outcome. POINT [II] Viewed In The Light Most Favorable to … at 408. We held that defendant's ten-day period to object commenced only after the production of both the 9 … defendant a short time later and testified that he made similar observations, but did not note that defendant's eyes …
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… of eighteen months based upon the guilty plea did not become more burdensome after the plea. See Collins v. … must advise a client or defendant that if he or she commits future criminal offenses that there may be adverse … consequences of a conviction in the event that a defendant commits a future crime." Ibid. We noted, "generally …
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… to dismiss the remaining counts in the indictment and recommend a twenty-two year sentence of imprisonment subject … causing her to bleed to death, after a dispute in the family's home. After ensuring that there was an adequate … interactions with his attorney and to observe and communicate directly with the defendant during the plea …
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… under the first prong of Strickland, a defendant must overcome "a strong presumption that counsel's conduct falls … "a probability sufficient to undermine confidence in the outcome." Strickland, supra, 466 U.S. at 694, 104 S. Ct. at … defendant about the circumstances surrounding the commission of the offense. Defendant acknowledged his …