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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … term. This appeal followed. On appeal, defendant argues: POINT I THE POLICE OFFICER'S OPINION TESTIMONY IMPROPERLY … his substantial rights. State v. Burns, 192 N.J. 312, 341 (2007). Consequently, there was no error, let alone plain …
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… March 16, 2017 - Decided Before Judges Lihotz and O'Connor. On appeal from Superior Court of New Jersey, Law … On appeal, defendant seeks reversal of the order, arguing: POINT I PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF … successful, if filed. State v. O'Neal, 190 N.J. 601, 619 (2007) ("It is not ineffective assistance for defense counsel …
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… Public Defender, attorney for appellant (Michael James Confusione, Designated Counsel; William P. Welaj, on the … PCR correctly dispensed with oral argument. Ibid. On that point alone, the Supreme Court summarily reversed and … unsuccessful argument. State v. O'Neal, 190 N.J. 601, 619 (2007); State v. Worlock, 117 N.J. 596, 625 (1990). We agree …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and comprehensive decision. On appeal, the mother argues: [POINT I] [THE DIVISION] DID NOT PROVIDE SUFFICIENT EVIDENCE … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 281 (2007) (internal quotation marks and citations omitted). Once …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appeals from the order denying PCR relief, arguing: POINT I [DEFENDANT] WAS DENIED THE EFFECTIVE ASSISTANCE OF … requirements when he entered his guilty plea in December 2007. Defendant signed a four-question page of the plea form …
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… POLO A. PLUMBING & HEATING, INC., Plaintiff-Respondent, v. CONRAIL DEVELOPERS LIMITED LIABILITY COMPANY, a New Jersey … contract replaced the first, as defendant argued. Another point of contention 1 Polonio claimed there might have been … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007)). We do not reach that high threshold in this case. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal defendant specifically argues the following two points: POINT I DEFENDANT SHOULD BE RESENTENCED IN LIGHT OF … State v. Hemphill, 391 N.J. Super. 67, 71 (App. Div. 2007). 3 We recognize that defendant could not have made a …
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… Safety Detail." Defendant Herbert E. Stephens was convicted after trial of failing to yield to a pedestrian in … a seatbelt violation, which carried a lower fine with no points. Defendant refused this offer, claiming he was … State v. Davis, 390 N.J. Super. 573, 593 (App. Div. 2007). Decoys, traps, and deceptions properly may be used to …
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… James Powell for approximately $3,600,000 for violating the Conscientious Employee Protection Act (CEPA), N.J.S.A. … Powell, an at-will employee, was fired on February 22, 2007, after earning approximately $210,000 the previous … person heard directly and individually from [him] the main points and the spirit . . . of the new program so that there …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … County Sheriff's officer were also indicted. On May 2, 2007, Beagin pled guilty to fourth- degree hindering … date Beagin's misconduct first occurred was the starting point for the Board's analysis of how much service and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … M.E.W. (Martin) and N.A.W. (Norbert), were born in March 2007 and February 2006, respectively. We set forth the … defendant stopped visiting with his sons, and the disappointment that resulted from the children's perspective as a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the plea recommendation. Defendant raises the following points in his counseled brief on appeal: POINT I THE TRIAL … Super. 115, 137 (App. Div. 1997)), aff'd, 189 N.J. 539 (2007). As such, a defendant challenging an indictment has a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … convictions and sentence and raises the following issues: POINT I BECAUSE THE MOTOR VEHICLE STOP WAS BASED ONLY ON A … 10 A-1139-19 (quoting State v. Elders, 192 N.J. 224, 243 (2007)). We "defer[] to those findings in recognition of the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … [Vega], [Linda] became sad, upset, and enraged. At that point [Linda] wanted nothing to do with . . . [d]efendant … See State v. Gaither, 396 N.J. Super. 508, 513 (App. Div. 2007). III. As a preliminary matter, we disagree 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 to forfeit $2,000,000. Defendant appeals contending: POINT I THE COURT ERRED IN DENYING DEFENDANT'S PRE-SENTENCE … 412, 424 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)). We "should reverse only when the trial court's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … (count two); fourth- degree possession of hollow point bullets, N.J.S.A. 2C:39-3(f)(1) (count three); and … 412, 424 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)). Deference should be afforded to a trial judge's …
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… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … Act unconstitutionally interferes with the judiciary’s power to regulate practice and procedure in the courts. … submitted by plaintiff in this action. A. The starting point for our inquiry is the text of two statutes -- …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … by [the] arbitrator." On August 14, 2020, the court-appointed bankruptcy trustee filed a motion with the … [and] (4) an arbitrator exceeded the arbitrator's powers. [N.J.S.A. 2A:23B-23(a)(1) to (4).] To support his …
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… Saun County Park (Park). The Park, established in 1960,1 consists of 130 acres of land in Paramus. It provides … to apply to owners of rural or semi-rural lands, pointedly, agricultural and wooded tracts." Harrison, 80 … we considered the 1968 LLA in Whitney v. Jersey Central Power & Light Co., 240 N.J. Super. 420 (App. Div. 1990). In …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … decedent's care in the summer of 2014 and became her Power of Attorney (POA). Mary certified that after Frances … or modified or the grant of 10 A-2897-17T3 letters of appointment vacated, provided, however, the complaint is filed …