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… request for imposition of a lesser sentence than the one recommended by the State because the court mistakenly determined it was obligated to impose the recommended sentence. We disagree and affirm. I. Defendant was … one-third and one-half the base term. It is clear from the record that defendant understood that his conviction for …
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… THE AMBIGUOUS PHRASE "AND/OR" IN THE JURY INSTRUCTION ON ACCOMPLICE LIABILITY WAS PLAIN ERROR BECAUSE IT "GENERATED … begin by addressing defendant's contention that the judge committed plain error when the judge failed to charge … should be delivered to the jury only when there is 'obvious record support for such [a] charge[.]'" State v. Funderburg, …
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… respondent New Jersey Sports and Exposition Authority (James Stewart and Rachel Warren, on the brief). PER CURIAM NOT … 3 A-2602-15T4 I. The Hackensack Meadowlands District is comprised of fourteen constituent municipalities, which … that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings …
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… LLC, Defendants, and FIRST INDEMNITY OF AMERICA INSURANCE COMPANY, Surety-Appellant. _____________________________ … Argued October 16, 2017 – Decided Before Judges Messano and Vernoia. On appeal from the Superior Court of … in First Indemnity's ignorance of defendant's status. The record shows there was an ICE detainer against defendant at …
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… We affirm. We glean the following facts from the record on appeal. On March 21, 2015, at approximately 10:30 … the police officer was required to respond to a priority domestic violence call, defendant was issued a summons in the … course. Defendant applied for admission into PTI. He was recommended for admission into PTI by the vicinage's criminal …
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… the lawsuit settled for $250,000. Botton received and deposited the settlement check into his attorney trust account … McGee, Zucaro, and their businesses unraveled, and McGee commenced an action against Zucaro that was 1 This check was … considered plaintiffs' appellate arguments in light of the record and applicable legal principles, we find they lack …
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… also appeals from his conviction, arguing the prosecutor's comments during closing argument deprived him of a fair … are supported by sufficient credible evidence in the record." State v. Elders, 192 N.J. 224, 243 (2007) (citation … of his right to a fair trial. All persons accused of crimes are guaranteed the right to a fair trial. U.S. Const. …
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… turned around, pulled out a gun, and shot Paul six times in the head, chest, and torso. Defendant alleged he … In his petition, defendant asserted: (1) trial counsel completely failed to object to the judge's erroneous charge … fact that cannot be resolved by reference to the existing record, and that an evidentiary hearing is necessary to …
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… action in which the attorney sought, among other things, to compel the sale of the former marital home to satisfy her … asserting a cause of action for divorce; Diggs filed a complaint and Mills a counterclaim. A-2153-14T1 3 We derive the following from the record. The parties settled their respective dissolution …
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… was pain-free. Plaintiff returned to Dr. Ryan a year later complaining of pressure, stiffness and swelling in his left … in anticipation of trial. Dr. Egan claimed plaintiff complained of "some pain" in his left knee when he "stepped … The judge conducted four charge conferences on the record with counsel. She explained the instructions she …
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… judgment to defendant Michael Lynch dismissing the amended complaint. Russo also appeals the denial of his request for … extension of the discovery end date. Having reviewed the record and relevant law, we affirm for the reasons stated by … THAT HAVE BEEN OCCURRING. The report listed the names of five residents who wanted to lodge noise complaints, …
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… Frank Montanino. On July 19, 2013, plaintiffs filed a complaint against defendant alleging economic and non-economic damages.4 After reviewing her medical records, Francis DeLuca, M.D., F.A.C.S., a defense expert in … his testimony. 2 We refer to the Jahns by their first names to avoid any confusion caused by their common surname. …
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… DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT and BROOKDALE COMMUNITY COLLEGE, Respondents. … were not provided to us. 3 We glean these facts from the record, as a copy of the deputy director's denial of this … claim under the [EUCA]." Although it found that appellant visited his local unemployment office, he chose not to wait on …
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… the alimony that she otherwise would have received. The record does not support that argument. The Family judge … court." To calculate each parent's percentage share of income for purposes of guidelines-based child support, the … between the parents based on their relative net incomes. Caplan v. Caplan, 364 N.J. Super. 68, 89 (App. Div. …
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… January 11, 2022 – Decided April 25, 2022 Before Judges Messano, Accurso, and Enright. On appeal from an … about settlement. Following the filing of an amended complaint, defendants made a motion to remove plaintiff as … a public announcement of the merger, neither new counsel of record at Wilentz nor anyone else at the firm, …
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… defendant's motion to vacate. We reverse. I Defendant, comprised of two members, Oscar Peralta and Christopher … and two commercial units, by virtue of a May 3, 2013 deed, recorded on May 8, 2013. After defendant failed to pay … communicate during these unique and unprecedented times. As a result, it is this [c]ourt's view that . . . …
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… VIOLATION, AND BECAUSE A RATIONAL BASIS EXISTED IN THE RECORD FOR THE CHARGE, FAILURE TO PROVIDE THE CHARGE TO THE … vehicular homicide charge was enacted after defendant committed his second-degree offense. In determining whether … consideration to warrant the statute's application to crimes committed before the statute's effective date. 7 …
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… are based on substantial, credible evidence in the record. I. The facts were established at the one-day … defendant appeared to be intoxicated. Kim left the room to compose herself. 3 A-3875-18 When she returned moments … Kim's testimony was "moderately believable," noting at times she "embellished her story to make herself appear more …
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… Graphnet as "the leading global provider of Cloud-based fax messaging services and business integration services." … defendant whittled down plaintiff's original ten-count complaint to two counts: defamation/slander (count one) and … at trial as an exhibit, the judge identified it for the record "as an ad and training pamphlet." We refer to it here …
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… According to Callahan, Turner was a friend of hers who had come to her home the evening of November 19 with a woman … ensued, during which defendant shot Turner four times. An autopsy of Turner confirmed that the cause of death … further conversation with the investigators. The record shows the investigators asked defendant if he was …