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… on the steps immediately outside the front door. At this point, the officers asked defendant if anyone else was … court cannot enjoy.'" State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). … officers serving in a community-caretaking role are empowered to make a warrantless entry into a home under the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … correct an illegal sentence. On appeal, defendant argues: POINT ONE BECAUSE THE TRIAL COURT FAILED TO MAKE ANY … to the Legislature's elimination of the death penalty, L. 2007, c. 204, N.J.S.A. 2C:11-3(c)(4) listed the aggravating …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant raises the following arguments: POINT I THE TRIAL COURT ERRED IN DENYING SUPPRESSION BECAUSE … and correction.'" State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 162 (1964)). …
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… August 5, 2025 Before Judges Currier and Torregrossa-O'Connor. On appeal from the Superior Court of New Jersey, Law … the restaurant when defendant entered, and, at some point, "opened the door," entered, and "told [defendant] to … claims or defenses. See State v. O'Neal, 190 N.J. 601, 619 (2007). We are satisfied defendant failed to make even a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … or unsupported. On appeal, defendant raises the following points for our consideration: 8 A-3713-22 POINT ONE THE PCR … Div. 2000); see also State v. Elkwisni, 190 N.J. 169, 175 (2007).4 Nonetheless, in defendant's brief and during oral …
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… December 6, 2018 – Decided August 9, 2019 Before Judges O'Connor and DeAlmeida. On appeal from Superior Court of New … five counts of fourth-degree aggravated assault (pointing a firearm), N.J.S.A. 2C:12-1(b)(4); three counts of … 409 (2012) (quoting State v. Wakefield, 190 N.J. 397, 457 (2007)). Having reviewed the record, we are satisfied the …
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… claims against and asserted by Stinger were dismissed with consent. 2 All claims against Carol Bernhardt were … with inception dates from January 1, 1994 to January 1, 2007, for forty-five U-Go customers, who later signed … dissolved the temporary restraints against U-Go. At some point in 2009, Bernhardt was dismissed as a party. The court …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … a meritless motion. State v. O'Neal, 190 N.J. 601, 619 (2007). . . . . [Defendant's] prosecutorial misconduct claim … raises the following contentions for our consideration: POINT I DEFENDANT IS ENTITLED TO [PCR] BECAUSE THE …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0173-21 BIL-JIM CONSTRUCTION COMPANY, INC., Plaintiff-Respondent/ … of Architects owner/contractor agreement (AIA Document A101-2007) with Wyncrest in November 2010, to perform site work … claim, and we find it utterly without merit. Wyncrest can point to nothing in the contract that ties release of the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 4 A-0539-19 We find insufficient merit in defendant's fifth point because his argument relies only on an incorrect … searches and seizures.'" State v. Williams, 192 N.J. 1, 14 (2007) (quoting United States v. Calandra, 414 U.S. 338, 348 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … agreed-on restitution. In this appeal, defendant argues: POINT I 12 A-2048-18 THE TRIAL COURT ERRED IN FINDING THAT … record." Ibid. (quoting State v. Elders, 192 N.J. 224, 243 (2007)). We defer to a trial court's factual findings because …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, plaintiff raises the following contentions: POINT I THE TRIAL COURT ERRONEOUSLY GRANTED SUMMARY JUDGMENT … Roxbury Bd. of Educ., 392 N.J. Super. 45, 52-53 (App. Div. 2007). IV. We next apply these principles to plaintiff's …
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A-32-24 Supplemental Appellant Brief
Briefs
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… 9th Floor Newark, NJ 07101 (973) 877-1200 DEFENDANT IS CONFINED TABLE OF CONTENTS PAGE NOS PRELIMINARY STATEMENT … 8 POINT I THE APPELLATE DIVISION ERRED IN BARRING THE VIRTUAL … 19 Ghandi v. Cespedes, 390N.J. Super. 193 (App. Div. 2007) ................................... 19 Nemeth v. Otis …
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… 28, 2026 Before Judges Gooden Brown and Torregrossa- O'Connor. On appeal from the Superior Court of New Jersey, Law … of plaintiff. See Pacifico v. Pacifico, 190 N.J. 258, 267 (2007) (in situations of unequal bargaining power, "[w]hen a contract term is ambiguous, th[e] rule[s] …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … under Grubbs v. Slothower, 389 N.J. Super. 377 (App. Div. 2007), after weighing the positive and negative criteria. As … The Municipal Land Use Law (MLUL) gives zoning boards the power to grant or deny use, density, and height variances. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and procedural history from the record. On November 9, 2007, defendants purchased real property located in Rumson, … Ross, 222 N.J. at 505 (quoting Smith v. Jersey Cent. Power & Light Co., 421 N.J. Super. 374, 389 (App. Div. …
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… (App. Div. 2017) (citing In re Herrmann, 192 N.J. 19, 27 (2007)); see also Allstars Auto Grp., Inc. v. N.J. Motor … are followed: 1. A request may be submitted by an appointing authority to the Chairperson or the matter may be … so too can a BCPD officer, who holds "more plenary police powers." At the outset, we acknowledge that "[t]he exercise …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … with his girlfriend, Z.J.,3 in her apartment at the High Point apartment complex where he engaged in gang activity. … nonetheless. State v. Williams, 190 N.J. 114, 122 (2007); State v. Goodman, 415 N.J. Super. 210, 230 (App. Div. …
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… on the briefs). 1 The parties' initials are used to protect confidentiality, pursuant to R. 1:38- 3(c)(12). NOT FOR … On appeal, defendant's counseled brief raises the following point for our consideration: POINT I THE COURT ERRED IN … court cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … hindering charge. On appeal, defendant raises the following points for our consideration: POINT ONE THE FACTUAL BASIS … of the motion. See State v. Means, 191 N.J. 610, 619 (2007) (emphasizing that negotiated pleas are entitled to a …