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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … defendant raises the following arguments: 9 A-4425-13T3 POINT I THE DEFENDANT'S RIGHT TO BE FREE FROM UNREASONABLE … Super. 98, 106 (App. Div.), certif. denied, 192 N.J. 596 (2007). In Lopez, we stated that: [n]o violation of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … under N.J.S.A. 2C:43-7.2. Defendant presents the following points for our consideration: POINT I MULTIPLE ERRORS DURING … Brazofsky on this issue. Lastly, the defense has subpoena power and may recall any State witness to the stand to …
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A-3248-23 Briefs
Briefs
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… Division, September 26, 2024, A-003248-23, AMENDED TABLE OF CONTENTS-BRIEF Pages TABLE OF CONTENTS BRIEF i TABLE OF … PROCEDURAL HISTORY 2 STATEMENT OF FACTS 3 LEGAL ARGUMENT 5 POINT I: THE TRIAL COURT ERRED IN ORDERING A BAR ON ANY … of action itself nor is it an affirmative defense. It is a power granted to the Court by statute to be exercised when …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of foreclosure." Simon v. Cronecker, 189 N.J. 304, 315 (2007). A tax sale certificate is created when a municipality … N.J. Super. 516, 518 (App. Div. 2008) (quoting Janicky v. Point Bay Fuel, Inc., 396 N.J. Super. 545, 939 (App. Div. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … with the Division and failed to communicate with his appointed trial counsel. He refused to sign documents to … Div. of Youth & Fam. Servs. v. B.R., 192 N.J. 301, 305 (2007). The defendant must establish each of the Strickland …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 180 days. For the reasons which follow, we affirm. I. In 2007 Roche sustained serious injuries in a motor vehicle … of W. Windsor, 173 N.J. 502, 549 (2002)). III. Roche's main points on appeal are all premised upon the same contention: …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to my—I have joint custody with my children. . . . At no point did I approach her. 6 A-3849-21 Twice more during the … and McGowan v. O'Rourke, 391 N.J. Super. 502 (App. Div. 2007), the court found the predicate acts to be sufficiently …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … hearing. On appeal, defendant raises the following single point for our consideration: THE [PCR] COURT ERRED WHEN IT … ASSISTANCE OF COUNSEL. We disagree and affirm. On May 4, 2007, defendant was charged along with two codefendants in …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … floor, only to find Galfy pulling his pants. At that point, defendant began to hit him. Defendant could not … N.J. Criminal Code Annotated, cmt. 2 on N.J.S.A. 2C:11-4 (2007)). Therefore, if a "defendant disregarded only a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … having successfully served all defendants by that point, moved on May 17, 2023 to reinstate the complaint, an … Palace Hotel & Resorts, 397 N.J. Super. 257, 262 (App. Div. 2007) (same).3 We thus affirm the June 23, 2023 order of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … State v. Seabrooks, No. A-0506-02 (App. Div. Oct. 19, 2007), and the Supreme Court denied his petition for … offers the following arguments in his pro se brief: POINT A THE PCR MOTION WAS NOT TIME-BARRED PURSUANT TO [R.] …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … his initial brief on appeal, defendant argues as follows: POINT I – THE TRIAL COURT ERRED IN DENYING APPELLANT'S … raises the following additional points: 1 198 N.J. 145 (2007). 2 No. A-4208-15 (App. Div. May 4, 2017). 7 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, the State raises the following arguments: POINT I THE DETECTIVES PROPERLY SEIZED THE BRICKS OF HEROIN … in the record.'" State v. Elders, 192 N.J. 224, 243 (2007) (citing State v. Locurto, 157 N.J. 463, 474 (1999)). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … alleging ineffective assistance of counsel. On November 13, 2007, the court denied the petition and defendant appealed. … motion. This appeal followed. On appeal, defendant argues: POINT I THE LOWER COURT VIOLATED PETITIONER'S DUE PROCESS …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 2C:39-5b(l), fourth degree unlawful possession of hollow point bullets, N.J.S.A. 2C:39-3f(l), third degree hindering … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). Against these facts, we agree with the court's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … appeal follows. Defendant makes the following arguments. POINT I DEFENDANT IS NOT GUILTY OF DRIVING WHILE INTOXICATED … . . . ." State v. Kent, 391 N.J. Super. 352, 384 (App. Div. 2007). We begin with defendant's argument that his …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … The judgment of conviction was entered on February 5, 2007. On direct appeal, we affirmed defendant's conviction, … of trial counsel resulted in his conviction or were points that could have been, or were, raised on direct …
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… Submitted July 3, 2018 – Decided Before Judges O'Connor and Moynihan. On appeal from Superior Court of New … one, amended from a first-degree robbery), contending: POINT I THE MOTION TO SUPPRESS IDENTIFICATIONS SHOULD HAVE … 516 (2015) (quoting State v. Elders, 192 N.J. 224, 243-44 (2007)). "Those factual findings are entitled to deference …
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… A. Davies appeals from the denial of his petition for post-conviction relief (PCR), contending he NOT FOR PUBLICATION … a bar in Margate in the early hours of an August morning in 2007, by telling him "this was not his country and he should … standing outside, spotted defendant walking away and pointed him out to Chavez. Chavez came up from behind …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … McGowan v. O'Rourke, 391 N.J. Super. 502, 508 (App. Div. 2007). In light 4 A-2050-15T2 of the judge's findings, we … truck as she tried desperately to get away from him. At one point, defendant appeared to be trying to push her vehicle …