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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … The max to which I could have sentenced him at that point was life[,] [eighty- five] percent of which he would … murder conviction. State v. O'Neill, 193 N.J. 148, 163 n.8 (2007). We thus remand for the trial judge to amend the JOC …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … sentence. Defendant raises the following issues on appeal: POINT I THE FAILURE TO INSTRUCT THE JURY THAT DEFENDANT HAD … R. 2:10- 2); see also State v. Burns, 192 N.J. 312, 341 (2007). Our Supreme Court has established that 8 A-1529-15T2 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … him, and asking Masood why he had called him a name. At one point, defendant said he was about to leave but turned back … one year of incarceration. The judge held that defendant's 2007 conviction for third-degree drug possession was …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 2009. In her self-authored merits brief, plaintiff argues: POINT I [THE] TRIAL COURT ERRED WHEN IT DISREGARDED CREDIBLE … 246 (2012) (quoting R.A.C. v. P.J.S., Jr., 192 N.J. 81, 94 (2007)). "Majority occurs at age eighteen." State v. Horne, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … that even if defendant did not inflict bodily injury, the point was "legally irrelevant" because "bodily injury is [] … State v. J.J., 397 N.J. Super. 91, 98-99 (App. Div. 2007). Counsel must not "provide misleading, material …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … appeal followed. On appeal, plaintiff raises the following points for our consideration: POINT I THE ORDERS FOR SUMMARY … 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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… NJHR5, LLC, Plaintiff-Respondent, v. ESSEX PLACE CONDOMINIUM ASSOCIATION, INC., Defendant-Appellant. Argued … on Unit B to secure payment of the loan. On August 28, 2007, the Association duly recorded a lien against Unit B … because it would no longer have priority. As [p]laintiff point[ed] out, [the Association] could have joined in the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the following single argument for our consideration: POINT I: [DEFENDANT] IS NOT GUILTY OF REFUSAL. In support, … Spell, 395 N.J. Super. 12 A-2506-17T3 337, 344 (App. Div. 2007) (quoting Widmaier, 157 N.J. at 497), aff'd as …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of the three offenses in 1983. The State's experts pointed out that T.W. was only convicted of robbery in 1983, … Commitment of J.M.B., 395 N.J. Super. 69, 89 (App. Div. 2007), aff’d, 197 N.J. 563 (2009); then citing In re Civil …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … followed. On appeal, Defendant raises the following issues: POINT I: THE TRIAL COURT IMPROPERLY ALLOWED THE STATE TO … omitted); see also State v. Williams, 190 N.J. 114, 131 (2007). 9 A-1511-15T2 the jury was given a limiting …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … [d]egrading," and stated he consumed alcohol daily to the point of intoxication. Consequently, plaintiff sat 1 A … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 293 (2007)). The Supreme Court has recognized the difficulty …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … At his plea hearing, however, defendant testified he only pointed his unregistered handgun in the direction of the … 425 (2014) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). Defendant's vehicle was lawfully stopped "based on a …
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… 6, 2017 - Decided Before Judges Messano, Accurso and O'Connor. On appeal from Superior Court of New Jersey, Law … plan. Defendant appeals, raising the following issues: POINT I. THE COURT DENIED DEFENDANT HIS CONSTITUTIONAL RIGHT … See State v. Williams, 11 A-1493-15T2 190 N.J. 114, 125 (2007). To the extent the proffered evidence, limited to …
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… M. Gennaro, Designated Counsel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … entered a 7-Eleven and robbed the store's clerk at gunpoint, threatening to shoot the clerk unless he complied … warrant requirement." State v. Elders, 192 N.J. 224, 246 (2007). The automobile exception is a well-recognized …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … arms around Mears' head "in a head lock fashion." At this point, another officer on the scene, Officer Y. Brown,1 … the relevant factors. [In re Carter, 191 N.J. 474, 482–83 (2007) (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … he is in prison. On appeal, defendant raises these issues: POINT I A NEW VIOLATION OF PROBATION HEARING SHOULD OCCUR … Div. 2013) (quoting State v. Meyer, 192 N.J. 421, 434-35 (2007)). If special probation is violated, a court may …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … a drug transaction. We affirm. On appeal, defendant argues: POINT I THE TWO GUNS FOUND INSIDE THE CONSOLE OF … 313 (2014) (quoting State v. Elders, 192 N.J. 224, 243 (2007) (citation omitted)). This court "should not disturb a …
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… Recovery Division, Agency Docket No. RSP0001747. John A. Conte, Jr., argued the cause for appellant (Rubenstein, … ALJ explained in her Initial Decision: [T]he documentation pointing to Toms River is extraordinarily thin – essentially … N.J. Corp v. N.J. Dep't of Envtl. Prot., 191 N.J. 38, 48 (2007)). "The burden of demonstrating that the agency's …
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… Before Judges Fisher, Accurso and Rose. On motion for reconsideration of an opinion filed on October 28, 2019, in an … submitted timely responses. 3 In her motion brief's first point, defendant argues that "reconsideration and de novo … of Youth & Family Servs. v. B.R., 192 N.J. 301, 306-07 (2007); private adoption proceedings, In re Adoption of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … makes two arguments, which he articulates as follows: POINT I – THE TRIAL COURT ERRED BY ADMITTING HEARSAY … [Carmona v. Resorts Int'l Hotel, Inc., 189 N.J. 354, 376 (2007) (quoting State v. Long, 173 N.J. 138, 152 (2002)).] …