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… shocks our judicial conscience given the multiple crimes committed by defendant, we affirm. 3 A-1451-20 I. The … of the overall sentence." Id. at 352 (quoting State v. Miller, 108 N.J. 112, 121 (1987)). The Supreme Court … the trial court pointed out the trauma endured by the family whose home had been invaded and during which two …
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… he's got a cigarette in his mouth and he's moving at [two] miles an hour now. Let's see. Looks like he's pulling over. … and disoriented." When Officer McGrail "guided [defendant] completely out of his vehicle, several blue wax paper folds … decision. II. On appeal, defendant raises the following points: POINT ONE BECAUSE DEFENDANT RECEIVED INEFFECTIVE …
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… facts from the record. On November 6, 2015, defendant committed three armed robberies in Paterson by pointing a … three counts of first -degree robbery in exchange for a recommended sentence of three concurrent ten-year terms, … discussed the report and issues related to it. Both were familiar with the report. The report was taken into …
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… one of Accusation No. 05-10-0960. The State agreed to recommend an aggregate custodial sentence of five years, with … A-4539-18 Patel, 239 N.J. 424, 448 (2019) (quoting State v. Milne, 178 N.J. 486, 492 (2004)). "Absent compelling, … period will increase with the extent of the delay." Milne, 178 N.J. at 492 (quoting State v. Afanador, 151 N.J. …
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… Acting Union County Prosecutor, attorney for respondent (Milton S. Leibowitz, Special NOT FOR PUBLICATION WITHOUT THE … his trial counsel did not file appropriate motions or complete the investigation prior to the plea-cutoff date, … he received and rejected a plea offer. The offer was to recommend defendant serve nine (apparently amended to eight) …
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… the description and informed him he was the subject of a complaint by GameStop. They asked him to return to the store … . . . if the offenses charged are of the same or similar character or are based on the same act or transaction … admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in time to the offense …
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… the representation less than adequate nor prejudiced the outcome. Thus, we reverse. The familiar Strickland v. Washington standard requires a … that the representation he or she received was less than competent and that the deficiency prejudiced his or her …
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… handgun, N.J.S.A. 2C:39- 5(b), and in exchange, the State recommended a five-year sentence with a forty- two-month … N.J.S.A. 2C:39-5(j). In exchange, the State agreed to recommend a ten-year sentence with five years of parole … to opine, if a proper foundation is laid regarding her familiarity with defendant's signature, whether the signature …
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… In exchange for defendant's plea, the State agreed to recommend a sentence of twenty-three-and-one-half years of … statements made at sentencing by members of the victim's family accusing defendant of having raped and 5 A-1376-19 … agreement which was against the wishes of the victim's family. This agreement significantly limited [defendant's] …
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… Musella, Bergen County Prosecutor, attorney; William P. Miller, Assistant Prosecutor, of counsel; Ian C. Kennedy, of … the State's motion for reconsideration to allow fresh complaint testimony. For the reasons that follow, we affirm, … referring to defendant, the complaining witness and her family members, pursuant to N.J.S.A. 2A:82-46 and Rule …
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… County Prosecutor, attorney for respondent (William P. Miller, Assistant Prosecutor, of counsel and on the brief; … PREVIOUS INVOLVEMENT WITH THE DIVISION OF YOUTH AND FAMILY SERVICES PERTAINING TO THE ABUSE OF N.D. WAS DETERMINED … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Under those standards, we find …
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… PCR petition was withdrawn without prejudice pending the outcome of the appeal. In 2017, we affirmed defendant's … court denied the petition following oral argument. In its comprehensive written opinion, the PCR court found that … issue was that defendant certified he would have been "'compelled' to accept the State's (non-existent) plea offer." …
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… Gooden Brown. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2013-2273 and 2013-2274. Shirley … Attorney General, attorney for respondent Civil Service Commission (Dominic Larue Giova, Deputy Attorney General, on … 21, 2017 final agency decision of the Civil Service Commission (Commission), adopting the initial decision of …
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… the ground and told him he was under arrest. Fuller did not comply; instead, he ran for the front door. Petrosky yelled … residence.") . 11 A-0996-18T1 Defendant relies on State v. Miller, 342 N.J. Super. 474 (App. Div. 2001), to argue that … the first building was illegal. The facts and rationale of Miller are distinguishable. In Miller, the police sought to …
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… for post-conviction relief (PCR). He argues the following points: POINT I THE PCR COURT ERRED IN NOT HOLDING AN … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go … at the construction site. He and defendant shared family activities, such as birthday parties. He never …
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… found there was a substantial likelihood Presher would commit a new crime if released on parole at this time. The … as a mitigating factor. Presher also asserts that he has completed over 11,250 hours of job training while imprisoned … "normal life." "Parole for a conviction imposed on offenses committed before August 18, 1997, 'is governed by the …
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… 1 Defendant was indicted for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 15-1(a)(1) (count one); … RECONCILE THE PURPOSEFUL STATE OF MIND REQUIRED TO IMPOSE ACCOMPLICE LIABILITY WITH THE RECKLESS STATE OF MIND THAT IS … surgery to treat multiple gunshot wounds and his concomitant receipt of five doses of Fentanyl; his subsequent …
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… Unit for more than ten years. In 2016, F.E. applied to become a police officer with the Oakland Police Department. … credited F.E.'s testimony concerning his work history, military service, and volunteer work. But after reviewing … basis analysis, and violates Due Process. As the State points out, F.E. did not raise this constitutional argument …
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… the following point to us: POINT I BECAUSE TRIAL COUNSEL COMPETENTLY ADVISED DEFENDANT REGARDING EXTENDED TERM … they were experienced attorneys who recalled regularly communicating plea offers and possible sentencing outcomes with their clients. Defendant's last trial counsel, …
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… behavior indicative of drug-dealing" and "did something similar with regard to the [m]otel room, offering the opinion … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … factor three, the risk defendant will 15 A-1571-19 commit another offense, N.J.S.A. 2C:44-1(a)(3), ostensibly …