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… Submitted November 15, 2016 – Decided Before Judges Rothstadt and Sumners. On appeal from Superior … AGAINST ENTERING A GUILTY PLEA TO A CRIME HE DID NOT COMMIT, WERE VIOLATED. For the reasons that follow, we … other eyewitnesses, and received information that defendant committed the crime. Based upon the video recording, police …
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… Submitted March 21, 2017 – Decided Before Judges Gilson and Sapp-Peterson. On appeal from the … defendant's vehicle abruptly swerved toward the curb before coming to a complete stop. When the detective approached the vehicle, he …
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… Submitted December 14, 2016 – Decided Before Judges Accurso and Manahan. On appeal from Superior … PER CURIAM This is a dispute between neighbors who share a common rear lot line. The house on plaintiff Bashar … counterclaim. Plaintiff appeals both the dismissal of his complaint and the judgment on defendant's counterclaim, …
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… Submitted March 7, 2017 – Decided Before Judges Messano and Suter. On appeal from the Superior … in her thorough oral opinion. We add the following brief comments. "Appellate courts reviewing a grant or denial of a … Court has eliminated the inadvertence prong as a necessary component of plain view analysis. State v. Gonzales, 227 …
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… Submitted March 21, 2017 – Decided Before Judges Yannotti and Sapp-Peterson. On appeal from the … cited appellant's prior criminal record, which had become increasingly more serious, the fact that prior … appellant's extensive prior criminal record and that he had committed a crime while attempting to elude prosecution. …
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… Argued telephonically March 16, 2017 – Decided Before Judges Koblitz and Rothstadt. On appeal from the … Insurance Fund (NJIIF), the Borough's insurer, filed a complaint against defendants alleging they breached the … breached the agreement when they made statements to a newspaper allegedly relating to the lawsuit and by not …
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… Submitted June 7, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … as well as the charges in an unrelated indictment, and to recommend concurrent five-year terms of imprisonment with a … Graves Act, N.J.S.A. 2C:43-6(1). The State also agreed to recommend that the sentence would run concurrent to any …
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… Submitted February 28, 2017 – Decided Before Judges Fisher and Vernoia. On appeal from the Superior … on May 29, 2015, the court entered an order dismissing the complaint without prejudice. Two months later, the July 27, … and to extend discovery, and the second dismissed the complaint with prejudice pursuant to Rule 4:23-5(a)(2). By …
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… Submitted April 25, 2017 – Decided Before Judges Gilson and Sapp-Peterson. On appeal from the … failed to meet "his burden of presenting sufficient competent and credible evidence of facts essential to his … training program designed to instruct officers in physical combat skills as an alternative to using deadly force. …
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… Submitted February 6, 2018 – Decided Before Judges Reisner and Gilson. On appeal from Superior … Interstate Restoration, LLC, and denying its motion to compel arbitration. We conclude that the motion record … that plaintiff failed to serve a courtesy copy of the complaint, or any other pleadings, on defendant's counsel …
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… Submitted December 11, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … first-degree robbery, and second-degree conspiracy to commit robbery. The charges arose out of the fatal attack … in Judge Leath's written opinion. Only a few short comments are in order. This court's standard of review "is …
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… OF ENVIRONMENTAL PROTECTION, BUREAU OF HAZARDOUS WASTE ENFORCEMENT, Petitioner-Respondent, v. YATES FOIL USA, INC., … and reports relied upon by DEP to establish that Yates Foil committed the violations. Yates Foil maintains that the plant's owner, Square D Company, which had complete control of the plant after Yates …
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… Argued October 3, 2017 – Decided Before Judges Fisher, Sumners and Moynihan. On appeal from the Commissioner of Education, Docket No. 5-5/14A. Samuel J. … Deputy Attorney General, on the brief). PER CURIAM The Commissioner of Education upheld the decision of the State …
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… Submitted December 18, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … was false. . . . [M]y chief had told Mr. Brito . . . come to [the judge's courtroom] as the subpoena directs, and … then we'll . . . have everything cleaned up that day, just come in and tell the truth. We didn't say what happened. We …
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… argued January 10, 2018 – Decided March 2, 2018 Before Judges Sumners and Moynihan. On appeal from Superior … BY THE LAW DIVISION, ALONG WITH THE UNDERLYING CRIMINAL COMPLAINT, BECAUSE THE MUNICIPAL COURT IMPROPERLY ASSUMED A … infraction of a substantially minor nature. A "breakdown in communications between state and municipal officials forms …
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… JAMES PIROLLI; STEPHANIE JAMES, as Guardian Ad Litem for CHARLES PERRY; LAW OFFICES OF FREDERICK COLES III; PNC … on July 10, 2013. On November 8, 2013, plaintiff filed a complaint for foreclosure. In the complaint, plaintiff alleged defendant failed 3 A-2282-16T3 …
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… Argued June 5, 2018 – Decided Before Judges Mayer and Mitterhoff. On appeal from Superior … from a July 12, 2017 order dismissing her domestic violence complaint and vacating the temporary restraining order (TRO) … from the bench. The judge determined that defendant committed an act of domestic violence in accordance with the …
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… Submitted August 21, 2018 – Decided Before Judges Messano and Geiger. On appeal from Superior … condition of which was enrollment in and successful completion of Drug Court. On April 23, 1999, the judge … beg[an] deporting people to Cuba." 3 A-2546-17T3 failed to comply with Rule 3:9-2. See ibid. (providing, among other …
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… Submitted October 23, 2018 – Decided Before Judges Rothstadt and Gilson. On appeal from Superior … accusation. In the plea agreement, the State agreed to recommend an aggregate sentence of five years in prison with … In the related plea agreement, the State agreed to recommend that defendant be sentenced to three years in …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3565-16T3 CODDINGTON COMMUNITIES, LLC, Plaintiff-Respondent, v. MCDONFEN, LLC, … Argued October 4, 2018 – Decided November 27, 2018 Before Judges Whipple and DeAlmeida. On appeal from Superior … 2017, judgment requiring him to pay plaintiff Coddington Communities, LLC $4730.38 in unreturned deposit money from a …