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… suspended defendant's driving privileges for seven months, consistent with mandatory penalties associated with the … offense." Before us, defendant raises the following two points for our consideration: I. THE AMENDED REFUSAL AND DWI … new law to a defendant. State v. Parks, 192 N.J. 483, 488 (2007). The clause "expressly prohibits" retroactive …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … stemmed from defendants robbing a traveling salesman at gunpoint after luring him to a secluded location. The victim … State v. Gaither, 396 N.J. Super. 508, 513 (App. Div. 2007). However, "a defendant does not have a constitutional …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … trying to get out the car." Webb testified it was at that point defendant opened the passenger's side door, jumped in, … 593-94 (quoting State v. Wakefield, 190 N.J. 397, 437-38 (2007)). "Prosecutors are expected to make a vigorous and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … presents the following argument on appeal: 3 A-5305-14T2 POINT I IN VIEW OF THE REPEATED VIOLATIONS OF DEFENDANT'S … objective facts, see State v. Elders, 192 N.J. 224, 250 (2007); and the number of occupants as compared to the number …
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… 2C:39-4(a). State v. O'Neill, 193 N.J. 148, 163 n.8 (2007). 4 A-2695-18 words of a dying man identifying his … "to back each other up" in dangerous situations. At this point of Darby's testimony, the prosecutor plays a … imposed by the court. See N.J.S.A. 2C:43-6(a)(2), empowering the court to impose a term imprisonment between …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … presents the following arguments for our consideration: POINT I THE TRIAL COURT'S ADMISSION OF THE SUBSTANCE OF … See Model Jury Charge (Criminal), "Fresh Complaint" (2007); see also Bethune, 121 N.J. 137. Although the judge …
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… of the footage from the police body-worn camera up to the point just before defendant was arrested. 6 A-0736-23 The … 249, 265 (2015). "The essential purpose of Miranda is to empower a person . . . with knowledge of his basic … unfair" (quoting State v. Wakefield, 190 N.J. 397, 538 (2007)) (internal quotation marks omitted)); Jenewicz, 193 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … to remove their masks, which they refused to do. B.S. then pointed to the door, directing them to leave. Defendant was … State v. Martinez, 392 N.J. Super. 307, 319 (App. Div. 2007) (citing N.J.S.A. 2C:1-13(d)(1-2)). The sentencing …
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… Defendants/Third-Party Plaintiffs-Respondents, v. BEAVER CONCRETE CONSTRUCTION COMPANY, INC., TNT EQUIPMENT SALES & … Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007) (quoting Brill v. Guardian Life Ins. Co. of Am., 142 … to a "[c]herry picker[] [or] similar device." ICSOP further points out that the hy-rail was operating as a lifting …
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… Defendants/Third-Party Plaintiffs-Respondents, v. BEAVER CONCRETE CONSTRUCTION COMPANY, INC., TNT EQUIPMENT SALES & … Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007) (quoting Brill v. Guardian Life Ins. Co. of Am., 142 … to a "[c]herry picker[] [or] similar device." ICSOP further points out that the hy-rail was operating as a lifting …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … filed a pro se PCR petition. Thereafter, defendant's appointed PCR counsel submitted a brief in support of the … well-established law. 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 ." … entry of the judgment in the Foreclosure Action at that point was a ministerial act that either the Office of … Bay Fuel, Inc., 396 N.J. Super. 545, 549-50 (App. Div. 2007). The February 16, 2018 and April 12, 2018 orders in …
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… On appeal, John raises the following contentions: [POINT] I THE ASSAULT RIFLE WAS SEIZED DURING AN ILLEGAL … officers serving in a community-caretaking role are empowered to make a warrantless entry into a home under the … 218 N.J. at 424 (citing State v. Elders, 192 N.J. 224, 243 (2007)). Deference should be afforded to a trial judge's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the street in the direction of 711 Buck Street, at which point Falciani lost sight of him. Falciani informed the … abuse of discretion. Brenman v. Demello, 191 N.J. 18, 31 (2007). Thus, we will not disturb a trial court 's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … tapped her car . . . ." Judson estimated his speed at the point of impact at "[n]o more than ten miles an hour, no … purports to show. See Brenman v. Demello, 191 N.J. 18, 21 (2007) ("The admissibility of any relevant photograph rests …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … from which defendant now appeals, raising the following points for our consideration: POINT I BECAUSE OFFICERS … 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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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the Office of the Public Defender, states: "The attorney appointed by the court to represent the 3 A-1044-20 patient is … re Commitment of J.R., 390 N.J. Super. 523, 530 (App. Div. 2007). "[T]he risk of dangerousness that will warrant …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and twenty-three); fourth-degree aggravated assault by pointing a firearm, N.J.S.A. 2C:12-1(b)(4) (count fourteen); … Id. at 426 (quoting State v. Elders, 192 N.J. 224, 244 (2007)). "However, we owe no deference to conclusions of law …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 2, 2013, T.M.1 called 9-1-1 to report he was robbed at gunpoint. Sergeant Dennis Jarin of the Ocean Township Police … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). Deference is afforded "because the 'findings of the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Nina told Jane that defendant had touched her "parts," pointing to the area of her groin. Nina explained the … review is de novo. See State v. Lykes, 192 N.J. 519, 534 (2007). N.J.R.E. 402 provides "[a]ll relevant evidence is …