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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, defendant raises the following arguments: POINT I BECAUSE [DEFENDANT] RECEIVED INEFFECTIVE ASSISTANCE … trial unfair." State v. Wakefield, 190 N.J. 397, 538 (2007). Even where a defendant alleges multiple errors, "the …
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… Prosecutor, argued the cause for respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Joie D. … "until further order of this court." On appeal, in a single point, defendant presents the following arguments for our … Div. 2010) (citing State v. Francis, 191 N.J. 571, 587 (2007)). Although "incomplete or imprecise instructions by a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … I'm going to call the police. She said, [g]o ahead. At that point she forcefully entered my apartment. Now she is in the … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (quoting C.B. Snyder Realty Inc. v. BMW of N. Am., …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … raises the following contentions for our consideration: POINT I THE EVIDENCE MUST BE SUPPRESSED BECAUSE THE … 10 A-2465-21 (quoting State v. Elders, 192 N.J. 224, 244 (2007)). However, legal conclusions drawn from those facts …
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… 14-05- 0525. Mack E. Mitchell, appellant pro se. Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … presents the following arguments for our consideration. POINT I FIRST PCR COUNSEL WAS INEFFECTIVE IN NOT RAISING … five at sentencing. See State v. O'Neal, 190 N.J. 601, 619 (2007); State v. Worlock, 117 N.J. 596, 625 (1990). Defendant …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … defendant unholstered his firearm and waived it, briefly pointing its muzzle towards Luis. Luis testified that … of his defense." State v. Wakefield, 190 N.J. 397, 438 (2007) (quoting State v. Papasavvas, 163 N.J. 565, 625 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … This appeal followed. Defendant raises the following points on appeal: POINT I THE TRIAL JUDGE ERRONEOUSLY FOUND … Ibid. (quoting State v. Elders, 192 N.J. 224, 244 (2007)). 7 A-5553-16T3 Defendant argues Ribeiro's affidavit …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of you the entire time? A: No. 5 A-4443-15T3 Q: At some point in time how did it come to be in front of you? A: I … Raspa v. Office of the Sheriff, 191 N.J. 323, 334-35 (2007) (quoting Manalapan Realty, L.P. v. Twp. Comm. of …
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… Jr., appeals from the denial of his petition for post-conviction relief (PCR) without an evidentiary NOT FOR … appeal followed. On appeal, defendant raises the following points: POINT I THE PCR COURT SHOULD HAVE HELD THAT … also State v. Gaither, 396 N.J. Super. 508, 516 (App. Div. 2007) (holding that appellate counsel is not "required to …
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… award. On appeal, defendant raises the following points for our consideration: POINT I THE PROCEDURAL AND … warrant our review. Mt. Hope Dev. Assocs. v. Mt. Hope Waterpower Project LP, 154 N.J. 141, 152 (1998). For example, a … State Farm Ins. Co., 396 N.J. Super. 472, 475-76 (App. Div. 2007) ("When a [trial] judge fails to [consider N.J.SA. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … parties' residence. Gould observed Stella's eyes were "pinpoint" and that she had bruises and lacerations on her face. … of Youth & Family Servs. v. M.M., 189 N.J. 261, 281-83 (2007) (finding abuse or neglect where the father refused to …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … on this court. See State v. Elders, 192 N.J. 224, 244 (2007). After reviewing the evidence presented at the motion … cause to arrest defendant on a specific charge at this point in time, defendant has not challenged the propriety of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Is that true so far? A. Correct. Q. Now, did there come a point in time where you entered the residence of either … In State v. Purnell, 394 N.J. Super. 28, 53 (App. Div. 2007), we held the "substantial distance" requirement was …
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… PER CURIAM Defendant Mark Lovett appeals from a judgment of conviction for aggravated manslaughter, aggravated assault, … him to prison for thirty-one years. On appeal, he argues: POINT I THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY … court to do so." State v. Figueroa, 190 N.J. 219, 240 (2007) (citations omitted). A trial court also has discretion …
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… and on the brief). PER CURIAM Defendant Marc Sutton absconded after his trial began but before the jury returned its verdict of guilty on October 18, 2007. As a result, he was not sentenced until February 25, … video footage of the truck arriving at its first connection point. He could see that the pallet in question did not have …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … be suppressed. On appeal, defendant raises the following points: 7 A-2983-18 POINT I THE POLICE DID NOT HAVE A VALID … stop. State v. Baum, 393 N.J. Super. 275, 286 (App. Div. 2007) (citing Terry, 392 U.S. at 20) (holding that during an …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … plaintiff Robert Zieniuk's motion to require the court-appointed receiver, Robert A. Gleaner, Esq., to turn over the … name because plaintiff had bad credit. On June 27, 2007, plaintiff's attorney wrote to defendant, stating that …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … remand with instructions that a new PCR counsel be appointed and that the new counsel be provided an opportunity … A-3558-17T4 witnesses. State v. Elders, 192 N.J. 224, 244 (2007) (citing State v. Johnson, 42 N.J. 146, 161 (1964)). In …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … transportation for B.N. so that she could keep necessary appointments in New Jersey. In addition to providing an array … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (quoting C.B. Snyder Realty, Inc. v. BMW of N. Am. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … his suppression motion and asserts the following arguments: POINT I THE HANDGUN WAS SEIZED PURSUANT TO AN ILLEGAL … appellate intervention. State v. Elders, 192 N.J. 224, 245 (2007). "A trial court's interpretation of the law, however, …