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… Submitted December 12, 2022 — Decided December 20, 2022 Before Judges Mawla and Smith. On appeal from the Superior … court's instruction regarding the robbery was confusing, incomplete, and incorrect; and his sentence was excessive, and … shows the State extended a plea offer greater than the ultimate 11 A-3423-20 sentence imposition. The transcript of …
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… conspiracy to enter a structure with the purpose to commit an offense therein, N.J.S.A. 2C:5-2; third-degree … climbed through the window of the residence they targeted. The plea judge also asked defendant about his … facts alleged in the light most favorable to [him], will ultimately succeed on the merits." R. 3:22-10(b). To the …
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… Submitted April 19, 2023 – Decided May 2, 2023 Before Judges Mayer and Enright. On appeal from the Superior … aggravated manslaughter, in exchange for the State's recommendation of a twenty-year prison term, subject to the No … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." State v. Peoples, 446 …
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… Submitted January 22, 2024 – Decided February 1, 2024 Before Judges Chase and Vinci. On appeal from the Superior … was indicted for first-degree murder while engaged in the commission of a robbery, N.J.S.A. 2C:11-3(a)(3); … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). The mere …
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… Submitted October 30, 2023 – Decided January 10, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … for the "sheriff['s] department and was doing hand-to-hand combat training. He had his [right] leg extended and felt a … some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide …
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… Argued March 6, 2023 – Decided July 17, 2023 Before Judges Gooden Brown and Mitterhoff. NOT FOR PUBLICATION … Airbnb Payment, Inc. (collectively, "Airbnb"), motion to compel arbitration.1 We affirm, substantially for the … by a consumer. 7 A-0455-22 [(citations omitted).] Ultimately, the judge concluded that: Based on the …
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… Submitted March 28, 2023 – Decided June 15, 2023 Before Judges Susswein and Berdote Byrne. On appeal from the … of reconsideration of its order dismissing the amended complaint on statute of limitations grounds in this appeal … exercised "for good cause shown and in the service of the ultimate goal of substantial justice." Johnson v. 9 …
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… result. He continued to the front passenger seat area, and ultimately the glove compartment, where he discovered a … out a Ziploc bag that had three small bags of green vegetation, suspected marijuana, inside there. So I grabbed … there was no legitimate concern the car might be driven away. 8 A-2723-22 Having held that there was no legal basis …
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… Submitted April 16, 2024 – Decided April 23, 2024 Before Judges Mayer and Augostini. On appeal from the Superior … murder. In exchange for his plea, the State agreed to recommend "the mandatory extended term under the Graves Act," … The judge found "nothing to suggest that the ultimate sentence was incorrect" or that defendant "would …
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… NO. A-0945-21 IN THE MATTER OF THE DENIAL OF A PERMIT FOR STANDARD WELLNESS, CO., NJ, LLC TO OPERATE AN … Enright. On appeal from the New Jersey Cannabis Regulatory Commission. Leo J. Hurley, Jr., argued the cause for … without question or doubt what facts and factors led to the ultimate conclusions reached." Ibid. Even where an agency's …
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… Submitted February 7, 2024 – Decided March 7, 2024 Before Judges Firko and Susswein. On appeal from the Superior … an evidentiary hearing for the reasons set forth in her comprehensive thirty-seven-page written opinion. Judge … and intelligible decision" about the plea offer, which he ultimately rejected. Citing State v. Williams, the judge …
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… and, at defendant's trial, Rodriguez admitted he was not completely honest during this interview. 3 Defendant's … defendant's request for a hearing because "there's always a possibility . . . when [a detective] show[s] just one … reliable. Id. at 289. If the State makes that showing, the ultimate burden is "on the defendant to prove a very …
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… at Bernard. Bernard sustained a gunshot wound and passed away from his injury. Defendant fled the scene driving in a … on the following charges: first - degree conspiracy to commit murder, N.J.S.A. 2C:5-2, :11-3(a)(1) to (2) (count … "had some conceivable effect on the outcome." Id. at 693. Ultimately, "[a]n error by counsel, even if professionally …
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… appeals the summary judgment dismissal of his negligence complaint against Bayonne Dry Dock. We affirm substantially … in the proposed solution." 132 N.J. 426, 439 (1993). In Alloway v. Bradlees, Inc., the Court addressed 10 A-1679-22 … conduct could injure the plaintiff in the manner it ultimately did." Robinson v. Vivirito, 217 N.J. 199, 212 …
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… Submitted May 7, 2024 – Decided May 15, 2024 Before Judges Enright and Whipple. On appeal from the Superior … Laboratory, as an expert in DNA extraction, analysis, and comparison. Ghannam testified as to her procedures, results, … strategy." Trial counsel consulted with a DNA expert but ultimately, and understandably, chose not to call her as a …
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… Argued January 21, 2025 – Decided February 10, 2025 Before Judges Sabatino, Jacobs and Jablonski. On appeal from … charged with four counts of second- degree conspiracy to commit kidnapping, N.J.S.A. 2C:5–2 and 2C:13–1; four counts … denied defendant's application in a written opinion and ultimately concluded that the sentencing judge had properly …
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… appear within a client's brokerage account as a "held away" position. [A.R.] liquidated his Allstate annuity … said it would not provide verification of the account but ultimately it did. She needed the verification because the … financial verification. Although A.R., through SPS, had communicated with PNC about the investment account, the ALJ …
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… Argued May 31, 2018 – Decided July 12, 2018 Before Judges Alvarez and Geiger. On appeal from Superior … statements but no transcripts. Trial was initially set to commence on November 28, 2017, but was adjourned to January … Div. 1999) ("[I]t is axiomatic that '[b]efore invoking the ultimate sanction of barring a witness, the court should …
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… CURIAM In this appeal, we address the dismissal of the asbestos-related product liability claims of now-deceased … Steinberg, on behalf of plaintiffs; and Nicholas Aidin Pargeter on behalf of Honeywell. After hearing oral argument, … and inexpensive," including the enforceability of the ultimate judgment. [Ibid.] Judge Cantor stated in her oral …
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… Submitted October 30, 2018 – Decided Before Judges Rothstadt and Natali. On appeal from Superior … investment manager at Morgan Stanley," and since 2015, his compensation that was primarily paid through bonuses had … reply certification in which she argued that defendant was ultimately seeking "a second bite [at] the apple" with …