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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … is going to reconsider its earlier decision that the point in time when the [forty- five] days starts running is … Borough of Avalon, 391 N.J. Super. 181, 189- 90 (App. Div. 2007); (3) arbitrarily designates public lands as …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the reasons for its rulings. In its opinion, the court pointed out: "While the parties may have originally not … Hand v. Hand, 391 N.J. Super. 102, 111-12 (App. Div. 2007). "We accord 'great deference to discretionary …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant raises the following arguments: POINT I THE PCR COURT ERRED IN RULING THAT [DEFENDANT'S] … elects to do so. State v. DuBois, 189 N.J. 454, 465 (2007) (citing Faretta v. California, 422 U.S. 806, 816 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … sentence was consecutive to the VOP term. In September 2007, defendant filed his first PCR petition, alleging … On appeal, defendant presents the following arguments : POINT ONE WHERE THE APPELLATE DIVISION VACATED THE JUDGMENT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … on the front, intending to make a pedestrian stop. At this point, defendant dropped the beer can and fled. Detective … credible but relied on State v. Elders, 192 N.J. 224, 247 (2007), and concluded the State failed to present evidence to …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … three-and-a-half years. In his appeal, defendant argues: POINT I THE WARRANTLESS MOTOR VEHICLE STOP VIOLATED … in original) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). "We owe no deference, however, to conclusions of law …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … for his encounter with the victim. . . . Based on these points, it is unlikely that a motion to suppress would have … motion . . . ." State v. O'Neal, 190 N.J. 601, 619 (2007). For example, where a defendant complains his or her …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the arguments he raised before Judge Donohue, as follows: POINT I [DEFENDANT] WAS DENIED THE EFFECTIVE ASSISTANCE OF … argument. See State v. O'Neal, 190 N.J. 601, 618-19 (2007). Defendant also argues for the first time on appeal …
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… Prosecutor, argued the cause for respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Patrick F. … that it could have been visible to Bracht from his vantage point. . . . Without knowing the actors' squatting … analysis[.]" State v. Elders, 192 N.J. 224, 250 (2007). Therefore, a police officer may conduct an …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … raises the following issues for our consideration: POINT I THE TRIAL COURT ABUSED ITS DISCRETION BY … A-2329-20 Hand v. Hand, 391 N.J. Super. 102, 105 (App. Div. 2007); see also R. 5:8-6 (requiring the court to "set a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … to [Ortiz]." The rear passenger extended his arm and pointed a handgun at Ortiz, who fired "one round" at the … Police & Firemen's Retirement System, 192 N.J. 189 (2007), the ALJ correctly recognized in this matter that 5 …
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… DIVISION DOCKET NO. A-0021-20 CBRE, INC., AS COURT APPOINTED RECEIVER FOR WCA 100, LLC, Plaintiff-Respondent, v. … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … damages") (citing Hodges v. Sasil Corp., 189 N.J. 210, 221 (2007)); accord R. 6:3-4(a) ("Summary actions between …
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… Manzo, Designated Counsel, and on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … defendant presents three arguments for our consideration: POINT I – BECAUSE DEFENSE COUNSEL WAS INEFFECTIVE BY NOT … State v. Watkins, 390 N.J. Super. 302, 305 (App. Div. 2007), aff’d on other grounds, 193 N.J. 507 (2008). Having …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … guilty to the weapons charge. On appeal, defendant argues: POINT I BOTH THE TERRY1 STOP AND TERRY FRISK WERE … of criminal activity." State v. Elders, 192 N.J. 224, 247 (2007) (quoting State v. Rodriguez, 172 N.J. 117, 126 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the judge continued the probationary sentence. On May 25, 2007, defendant again appeared before the same judge on … On appeal, defendant raises the following arguments: POINT I THE PCR COURT ERRED IN DENYING THE DEFENDANT'S …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … raising the following arguments for our consideration: POINT I THE MATTER SHOULD BE REMANDED FOR RECONSIDERATION BY … State v. Watkins, 390 N.J. Super. 302, 305-06 (App. Div. 2007); and then quoting Wallace, 146 N.J. at 582- 83). An …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANTHONY L. CONCEPCION, Defendant-Appellant. … appeal followed. On appeal, defendant raises the following points for our consideration: POINT I SUPPRESSION IS … court cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). …
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… December 18, 2017 - Decided Before Judges Accurso and O'Connor. On appeal from Superior Court of New Jersey, Law … on appeal, neither of which he raised to the trial court: POINT I THE MURDER CONVICTION MUST BE REVERSED BECAUSE THE … State v. 12 A-2649-15T3 Wakefield, 190 N.J. 397, 437-38 (2007), cert. denied, 552 U.S. 1146. Affirmed. … STATE OF NEW …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 21, 43 (2017) (quoting In re Herrmann, 192 N.J. 19, 27 (2007)). However, we are "in no way bound by [an] agency's … of the Legislature with reasonable certainty." No Illegal Points, Citizens for Drivers' Rights, Inc. v. Florio, 264 …
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… Argued February 5, 2018 – Decided Before Judges O'Connor and DeAlmeida. On appeal from Superior Court of New … affirm. I We glean the following from the record. On May 1, 2007, a Family Part judge entered an order directing … defendant asserts the following for our consideration: POINT I: NOTICE IS A REQUIRED ELEMENT TO BE PROVEN BY THE …