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… sentence and remand for resentencing. The crimes were committed when defendant was twenty-one years old and … between Tremarco and defendant, and instead, defendant committed a "knowing and purposeful killing from behind," … the factual basis underpinning its findings. State v. Fuentes, 217 N.J. 57, 72-73 (2014). "After balancing the …
njcourts.gov
… Holmsen asked defendant for his phone's passcode. Defendant complied with both requests. Holmsen neither asked defendant … to the extraction report admitted in evidence, an incoming FaceTime call was received from a contact named, … appellate courts construe the Constitution, statutes, and common law 'de novo – "with fresh eyes" – owing no deference …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY DOCKET NO. … of the same. By letter of January 31, 2022, Attorney I recommended that plaintiff accept the offer which would reduce … the proposed reductions, the tax savings, and the firm’s recommendation to plaintiff. The boxes pertaining to “Freeze …
njcourts.gov
… of armed robbery, conspiracy, and related weapons offenses committed in 2012. In 2015, he was sentenced to an aggregate … factor because defendant was twenty-three years old when he committed the crimes; (6) file a motion to dismiss the … 19, 2021, the PCR judge issued a written opinion and accompanying order determining that an evidentiary hearing was …
njcourts.gov
… weapon, N.J.S.A. 2C:39-5(b). 3 A-2581-21 case turned on the competing testimony of the only two surviving eyewitnesses: … OF ROBBERY, THE DEFENDANT MUST HAVE FORMED THE INTENT TO COMMIT THEFT BEFORE OR DURING, BUT NOT AFTER, HE USED FORCE … on appeal with a highly deferential standard. State v. Fuentes, 217 N.J. 57, 70 (2014). "The appellate court must …
njcourts.gov
… in accordance with the plea agreement, the State would recommend a sentence of two consecutive five-year terms of … of the defendant indicate that the defendant is unlikely to commit another offense," N.J.S.A. 2C:44- 1(b)(9) – applied … recommendations as to sentence and the like.'" State v. Fuentes, 217 N.J. 57, 70-71 (2014) (quoting State v. Davis, …
njcourts.gov
… into condominiums. By 2003, the condominium conversion was complete, and the common areas of the building were also renovated. Trupiano … [and] suffered from tremendous functional 1 This figure was comprised of base rent of $574.41 plus a tax surcharge of …
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… New Jersey Department of Environmental Protection, Spill Compensation Fund. Stuart J. Lieberman argued the cause for … 2002 LLC appeals from a final agency decision of the Spill Compensation Fund (Fund). The Fund rejected Branch's contest … citing N.J.S.A. 58:10-23.11f(f), it contends the Spill Compensation and Control Act (Spill Act) authorizes …
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… 2C:15-1; three counts of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; one count of … SHOULD HAVE BEEN EXCLUDED FROM EVIDENCE. POINT III: COMMENTS MADE BY THE PROSECUTOR DURING THE SUMMATION … competent and credible evidence in the record. See State v. Fuentes, 217 N.J. 57, 70 (2014); State v. Cassady, 198 N.J. …
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… by Failing to Seek a Wade Hearing. c. The Trial Court Committed Reversible Error by Failing to Instruct the Jury … RIGHTS TO DUE PROCESS AND AN "IMPARTIAL AND MENTALLY COMPETENT" TRIBUNAL AND THE TRIAL COURT'S FAILURE TO VOIR … A-4078-15T4 robbed, and ordered them to go downstairs. They complied and, when they got to the first floor, lay on the …
njcourts.gov
… "wide open." N.C. yelled for defendant's mother, R.P., to come and R.P. took the knife from defendant. Defendant then … hospital told me that I had to call the police for them to come to the house. I was just asking them to talk to a … he pled guilty to a reduced fourth-degree charge with a recommendation of a non-custodial sentence of probation. 7 …
njcourts.gov
… Defendants-Respondents, and NEW JERSEY AMERICAN WATER COMPANY, Defendant/Third-Party Plaintiff, v. LAFAYETTE … (Engineering Department), and dismissed plaintiffs' complaint with prejudice. Plaintiffs also appeal from an … Conley v. Guerrero, 228 N.J. 339, 346 (2017) (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… relevant to this appeal are set forth at length in the comprehensive and detailed seventy-five-page written opinion … who went into business together in 1994 by incorporating a company known as Evex Analytical Instruments, Inc. (EAI). … of the corporation and both brothers served as the company's officers. In 2000, the brothers formed a second …
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… detention of J.P., an individual who is suspected of committing burglary and theft. The State sought the court's … from the NJSP Office of Forensic Sciences (known as the Combined DNA Index System "'CODIS' lab") informing him of a … a buccal swab "reference sample" from J.P. be submitted for comparison. On June 13, 2018, the State moved for an …
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… Berdote Byrne. On appeal from the New Jersey Civil Service Commission, Docket No. 2016-1336. Charles J. Sciarra argued … General, attorney for respondent New Jersey Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … from a final administrative action of the Civil Service Commission (CSC) affirming his removal from employment as a …
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… in the home while the application was made unless she was accompanied by an officer. Hughes informed defendant she must … defendant she could go into her home if one of them accompanied her to ensure no potential evidence related to a … warned defendant that if she did not allow an officer to accompany her in the house, she was required to exit the home …
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… robbery, N.J.S.A. 2C:15-1, second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, and other offenses arising … 2C:20-2(b)(2), and convicted of second-degree conspiracy to commit robbery, fourth-degree unlawful possession of a … failed to charge the jury on the offense of conspiracy to commit theft – and after merging the theft conviction into …
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… identified as Katrell Trent, had a short haircut and was accompanied by four other men, including a bald man with a … Instructions. B. The Jury Charges Were Insufficient And Incomplete. 9 A-4682-18 POINT V THE CUMULATIVE ERRORS COMMITTED BY THE TRIAL COURT DENIED THE DEFENDANT A FAIR …
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… Treakle appeals, contending primarily that the trial court committed plain error by omitting an identification charge and by delivering a flawed accomplice-liability charge. We disagree and affirm. I. … Shirazi testified that on August 26, 2017, he had just completed "a gambling binge" and was walking with "a …
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… Prior Bad Act Testimony. POINT IV. THE CUMULATIVE ERRORS COMMITTED BY THE TRIAL COURT DENIED DEFENDANT A FAIR TRIAL … asked for his lawyer. The judge also found defendant completed high school and trade school and understood his … evidence to decide that the defendant has a tendency to commit crimes or that he is a bad person. That is, you may …