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… Submitted November 7, 2018 – Decided Before Judges Yannotti and Natali. On appeal from Superior … to enter the residence through the front door. They were accompanied by a police dog. Eller banged on the front door, … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… Defendant-Appellant. Submitted October 22, 2018 – Decided Before Judges Fasciale, Gooden Brown and Rose. On appeal from … 2C:15-1(a)(2) (count one); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … need only satisfy the evidence rules relating to relevancy, most importantly Rule 7 A-1849-17T2 403." State v. Rose, 206 …
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… DIVISION DOCKET NO. A-2328-17T3 EVANSTON INSURANCE COMPANY, Plaintiff-Respondent, v. A&R HOMES DEVELOPMENT, … Argued February 5, 2019 – Decided February 19, 2019 Before Judges Gilson and Natali. On appeal from Superior Court … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to …
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… Defendant-Appellant. Argued December 5, 2017 - Decided Before Judges Carroll and Mawla. On appeal from Superior Court … the Assault or Demonstrate that the Assault Occurred in the Commission of a Theft. B. The Plea Was Not Knowingly and … with his court-appointed counsel. This inquiry at most showed defendant was dissatisfied with his attorney. It …
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… from the Four B's, GP, located in Estell Manor's Highway Commercial Zoning District (HC Zone). The property contained … although the current system was compliant, it would be replaced with a system designed to accommodate the "flows" … is even greater for female treatment facilities since most treatment facilities are for men. The Board also heard …
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… telephonically February 15, 2019 – Decided April 1, 2019 Before Judges Gilson and Natali. On appeal from Superior Court … alimony was based on "the imputation of a gross earned income of $450,000 to Husband and $50,000 to Wife." The MSA … in 12 A-5236-16T4 support of his motion filed in 2015. Most significantly, defendant had supplied an updated CIS …
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… Argued May 6, 2019 – Decided August 7, 2019 Before Judges Sabatino and Sumners. On appeal from the … vacate his guilty pleas. That being said, for the sake of completeness, we conclude the record does not support his … As the Court observed in Johnson, "[m]any persons, perhaps most, would view the request of a police officer to make a …
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… disputes between neighbors over landscaping, fencing, and a common driveway. For the reasons that follow, we affirm the … that some of the plantings had died and had agreed to replace them. The judge reasoned that any dispute over exactly … be remedied through money damages, that it involved at most less than $10,000, and that the claim should be …
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… transaction, defendant assaulted one of the two buyers once he realized they paid less money for the … an evidentiary hearing "should view the facts in the light most favorable to a defendant to determine whether a … in the adversary process that renders the result unreliable." Fritz, supra, 105 N.J. at 52 (quoting Strickland, …
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… Submitted June 1, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … The teacher and the assistant reported the child's comments to the school principal, who contacted the police. … defense – a strategy that succeeded in the acquittal of the most serious charge -, we cannot conclude there was plain …
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… R.1:36-3. May 23, 2017 2 A-5770-14T1 with conspiracy to commit second-degree aggravated assault, N.J.S.A. 2C:5-2 and … the identification was impermissibly suggestive or unreliable, see State v. Herrera, 187 N.J. 493, 501 (2006), … J.B.'s injuries "constitute either bodily injury or at most significant bodily injury." See N.J.S.A. 2C:11-1(a), …
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… Argued December 21, 2016 Before Judges Alvarez, Higbee and Manahan. Telephonically … Corporation appeal from a summary judgment dismissing their complaint against defendant Joseph Peterson, as well as … and/or non-payment penalties . . . of $354,462.35, almost three times the actual amount of the alleged debt." …
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… Argued October 26, 2016 – Decided Before Judges Fuentes, Simonelli and Gooden Brown. On appeal … and has two second-floor residential units, a first-floor commercial storefront tenant facing the street, and, in the … to say that converting the unit to commercial space would most likely exacerbate internal traffic and safety concerns, …
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… Argued May 18, 2017 – Decided July 5, 2017 Before Judges Hoffman, O'Connor and Whipple. On appeal from … Business, L.L.C. to challenge the Ordinance, and filed a complaint in the Law Division through plaintiff. The court … in establishing by local ordinance the self-help programs most consistent with their local needs, goals, and …
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… to five years in State prison and required to register for community supervision for life under Megan's Law. Although … on her lip when her mother "popped" her because she had misplaced a domino. The Division closed that referral as … credibility findings. She reviewed the relevant exhibits, most notably the color photographs taken by Della's father's …
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… Submitted January 19, 2017 – Decided Before Judges Alvarez and Accurso. On appeal from the Superior … to a written reprimand. The statute requires that "[a] complaint charging a violation of the internal rules and … evidential materials presented, when viewed in the light most favorable to the non- moving party, are sufficient to …
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… Submitted March 15, 2017 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the … N.J.S.A. 39:3-40. In exchange, the State agreed to recommend the dismissal of the remaining ten counts of the … The court 11 A-2692-15T3 must view the facts "'in the light most favorable to defendant.'" Ibid. (citation omitted). To …
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… later refused to remediate, Lewis undertook the task and commenced this suit, alleging, among other things, Hull's … When Hull attempted to sell the property in 2002, the buyer's inspection revealed the presence of PCE … motion, and interpret the factual assertions in the light most favorable to the opponent. Brill, supra, 142 N.J. at …
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… Submitted October 26, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the … the State agreed to dismiss the remaining counts and recommend an aggregate twelve-year prison term with a … an evidentiary hearing "should view the facts in the light most favorable to a defendant to determine whether a …
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… Submitted January 25, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … to dismiss the remaining counts. In addition, the State recommended that defendant serve 364 days in the county jail, … conduct" within the meaning of N.J.S.A. 2C:24-4(a). Almost by definition, one cannot engage in such conduct …