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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Act (NERA), N.J.S.A. 2C:43-7.2(a). On appeal, he argues: [POINT I] [DEFENDANT'S] CONVICTION MUST BE REVERSED BECAUSE … unknown print." State v. Fortin, 189 N.J. 579, 602 n.12 (2007). The science and statistical data behind Ricci's mode …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … one afternoon, two men robbed Christopher Shirazi at knifepoint, seizing Shirazi's cellphone and over three hundred … offense. See State v. Romero, 191 N.J. 59, 79-80 (2007) (requiring merger of conviction for possession of a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … motion to amend the complaint. This appeal followed. II. In Point I of their brief, plaintiffs argue that the trial … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007). We accord no deference to the trial judge's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … agree. We therefore affirm. On appeal, plaintiff argues: POINT I WHEN CUSTODY OF DIVORCED OR SEPARATED PARENTS IS AT … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 293 (2007)), and is in the best position to "make first-hand …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … parole ineligibility. Before us, Hall raises the following points for our consideration: I. THE AFFIDAVIT FAILED TO … 493 (2022) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). In this case, however, the judge failed to make any …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … N.J.S.A. 2C:12-3(b); fourth-degree aggravated assault by pointing a firearm, N.J.S.A. 2C:12-1(b)(4); and … subsection (a)(3). [391 N.J. Super. 609, 617 (App. Div. 2007).] Here, the jury could not have convicted defendant of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … he said "black like me." Sanchez stated when the custodian pointed to himself and said "[b]lack like me," he was … 609 (2021) (quoting State v. Elders, 192 N.J. 224, 243 (2007)) (citing State v. Robinson, 200 N.J. 1, 15 (2009)). We …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … LabCorp." This appeal followed. Fusion raises the following points: POINT ONE LABCORP DID NOT MAKE OUT A PRIMA FACIE … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). Measured against these standards, we are convinced …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … or any evidence of the crime that had taken place." By this point, approximately four hours had elapsed since the … State v. Laboo, 396 N.J. Super. 97, 104 (App. Div. 2007). While the doctrine does not fit into "neatly defined …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the NJM policy. On appeal, defendants raise the following points for our consideration: POINT I: THE INSTANT APPEAL IS … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). We review issues of law de novo and accord no …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … (A-1794-13), defendant raises the following arguments: POINT I THE PCR COURT ERRED IN FAILING TO ISSUE FINDINGS OF … it appeared. Detective Rios testified on July 26, 2007. The undated article in defendant's appendix was …
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… of the erroneous payment. Citing a ninety-day limitation on contested mansion tax refund claims, the Director refused to … unnecessary or meaningless language . . . .” Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576, 587 … a mistake of fact or law, the commissioner shall have the power at any time, upon making a record in writing of his …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … due process and upholding it would usurp the Legislature's power to raise revenue and appropriate funds for a specified … question is primarily a function of the separation of powers." Gilbert v. Gladden, 87 N.J. 275, 281 (1981) …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1868-17T4 CONSTANTINE MATTHEWS and PATRICIA MATTHEWS, … 6, ¶ 2. The Legislature has delegated to municipalities the power to regulate local land use via the Municipal Land Use … 154 N.J. 62, 69 (1998); See also N.J.S.A. 40:55D-20 ("[a]ny power expressly authorized by this act to be exercised by . …
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… ROAD ASSOCIATES, FRED A. DIABES, DANNY DIABES, RE GLOBAL CONSULTING, MARINER'S BANK, and PAUL KEATING, … bear in mind that a "Chancery judge has broad discretionary power to adapt equitable remedies to the particular … as we already have noted, a Chancery judge has broad powers to fashion equitable relief. That authority clearly …
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… Moskowitz, of counsel and on the briefs). Carmine A. Iannaccone argued the cause for respondent/cross-appellant … the public begins to believe that attorneys have the power to select judges . . . its belief in the impartiality … to the parties is much greater when a court lacks broad powers of review" because "the parties may remain subject to …
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… Law Office of Eric M. Mark, attorney for appellant (Marisol Conde-Hernandez, on the brief). R.W., respondent, has not … New Jersey court and placed under an agency or individual appointed by the same court. We agree. Federal law defines a … order; and (2) pursuant to N.J.S.A. 2A:34-77(b), it has the power to use any enforcement remedies available under state …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of a variance proceeding, [has] usurp[ed] the legislative power reserved to the governing body of the municipality to … of property through zoning by a 'delegation of the police power' that must 'be exercised in strict conformity with the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and Mejia drove [defendant]'s car from the rendezvous point to Cordero's apartment. Torres, the victim's … merit. See generally State v. O'Neal, 190 N.J. 601, 619 (2007) (holding "[i]t is not ineffective assistance of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … fee, fines, and penalties. Defendant raises the following points on appeal: POINT I DEFENDANT'S CONVICTIONS MUST BE … court's instructions." State v. Burns, 192 N.J. 312, 335 (2007) (citing State v. Nelson, 155 N.J. 487, 526 (1998)). …