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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … I facility. However, interestingly, [appellant] does not point to any language of statute or regulation that would … & Health Servs., 391 N.J. Super. 25, 35-36 (App. Div. 2007) (quoting Pub. Serv. Elec. & Gas Co. v. N.J. Dep't of …
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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. On appeal, Trang raises the following points: POINT I THERE WERE NO GROUNDS TO DISMISS THIS ACTION … Inc. v. Eisenberg, 397 N.J. Super. 64, 78-79 (App. Div. 2007) (quoting Rosenberg v. Tavorath, 352 N.J. Super. 385, …
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… January 26, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior Court of New Jersey, Law … States v. Oliver, 468 F. Supp. 2d 980 (C.D. Ill. Jan. 8, 2007), in which the court qualified a convicted felon as an … to cook the cocaine he was preparing on the stove. The CI pointed out defendant mentioned to those in the kitchen that …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appeal followed. On appeal, defendant raises the following points for our consideration: POINT I COUNSEL'S FAILURE TO … a meritless motion[.]" State v. O'Neal, 190 N.J. 601, 619 (2007). We acknowledge that the better course would have been …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … an illegal arrest. More specifically, defendant asserts: POINT I [DEFENDANT'S] ARREST FOR LOITERING IN VIOLATION OF … State v. Daniels, 393 N.J. Super. 476, 486 (App. Div. 2007) (quoting State v. Mark, 46 N.J. 262, 271 (1966)). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … pain and suffering. Davidson v. Slater, 189 N.J. 166, 174 (2007). 1 Although the order was signed on November 5, 2015, … appeal followed. On appeal, plaintiff raises the following points for our consideration: POINT I THE JURY INSTRUCTIONS …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 143 acres located in a heavy industrial zone on the Tremley Point Peninsula adjacent to the Arthur Kill in Linden, New … 63 (2014) (quoting Simon v. Cronecker, 189 N.J. 304, 318 (2007)). Consequently, only on the entry of a final judgment …
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… an October 16, 2015 order denying his petition for post-conviction relief (PCR) NOT FOR PUBLICATION WITHOUT THE … arguments rejected by the PCR court for our consideration: POINT ONE MR. MCMAHON'S PLEA LACKED A FACTUAL BASIS AND THUS … motion . . . ." State v. O'Neal, 190 N.J. 601, 619 (2007). Applying these principles, we are persuaded that …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … a bag of green vegetation to a backseat passenger. At that point, the officer's concern about the brake light … N.J. 1, 15 (2009); State v. Elders, 192 N.J. 224, 243-44 (2007). We review issues of law de novo. State v. Cryan, 320 …
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… Submitted September 11, 2017 – Decided Before Judges O'Connor and Vernoia. On appeal from the Superior Court of New … appeal followed. Defendant makes the following arguments: POINT I THE COURT'S FAILURE TO PROVIDE ANY IDENTIFICATION … of the State's case.'" State v. Burns, 192 N.J. 312, 341 (2007) (citations omitted); accord State v. Walker, 203 N.J. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … that she ever returned to work. As defendants persuasively point out, a plaintiff cannot suffer from a hostile work … 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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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … N.J.S.A. 2C:39-5(b)(1); fourth-degree possession of hollow point bullets, N.J.S.A. 2C:39-3(f)(1); third-degree … 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 ." … trial, however, defendant requested adjournments and the appointment of counsel, contending that he was suffering from … State v. Purnell, 394 N.J. Super. 28, 50 (App. Div. 2007); State v. M.J.K., 369 N.J. Super. 532, 548 (App. Div. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 4 A-2935-18T1 additional improvement at a follow-up appointment on June 27, 2016, after which he gave plaintiff … Court noted in Johnson v. Scaccetti, 192 N.J. 256, 279– 80 (2007), "[d]etermining just compensation for an accident …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appeal followed. Defendant raises the following arguments. POINT I DEFENDANT WAS DENIED THE RIGHT TO A FAIR TRIAL DUE … are unlike those in State v. Luna, 193 N.J. 202, 217 (2007), on which defendant relies. There, the Court held that …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of her suppression motion. Defendant raises the following point for our consideration: BECAUSE THE OFFICER LACKED A … 133 (2018) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "An appellate court 'should give deference to those …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … with the judge to review previous convictions, at which point the State said, for a case in another county, "[n]ow, … Super. at 504 (quoting State v. Burns, 192 N.J. 312, 335 (2007)). For these reasons, we conclude the unexplained …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … important. Now, on appeal, defendant raises the following points: POINT I THE WARRANTLESS SEARCH OF THE DEFENDANT'S … of the evidence. State v. Elders, 192 N.J. 224, 246 (2007). Where unlawful police misconduct occurs, evidence is …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … had four children during the marriage and were divorced in 2007. At the time of the divorce, the couple's oldest child, … This appeal follows. C.E. makes the following arguments. POINT I THE TRIAL COURT ERRED IN FINDING THAT N.J.S.A. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … weapons offense. Before us, defendant raises the following points for our consideration: POINT I DEFENDANT DID NOT … in original) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). "To the extent that a trial court determination …