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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, defendant raises the following contentions: POINT I THE INTRODUCTION OF EXPERT TESTIMONY REGARDING CHILD … verdict. See State v. Wakefield, 190 N.J. 397, 438-40 (2007). Here, defendant objected to the prosecutor's improper …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … appeal. On appeal, defendant argues in various briefs: [POINT] I THE FAILURE OF THE STATE TO DISCLOSE THE AUDIO … of a fair trial." State v. Wakefield, 190 N.J. 397, 438 (2007) (first quoting State v. Papasavvas, 163 N.J. 565, 625 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … cigarette package was not his. On appeal, defendant argues: POINT I THE TRIAL TESTIMONY OF THE STATE'S WITNESS TROOPER … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). Deference is given to credibility findings. State v. …
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A-3534-22 Briefs
Briefs
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… Division, April 24, 2024, A-003534-22, AMENDED TABLE OF CONTENTS PRELIMINARY STATEMENT . . . . . . . . . . . . . . . … to Operate in Secret . . . . . . . 22 LEGAL ARGUMENT POINT I AN APPELLATE COURT REVIEWS A TRIAL COURT’S GRANTING … v. Borough of Avalon, 391 N.J. Super.181, 189 (App. Div. 2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … on January 3, 2010, an employee counseling form on May 3, 2007, another on March 30, 2007, and an FNDA imposing a seven-day suspension on January …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … denying their constitutional right to a jury trial. On this point they stress both the federal and state constitutions … Twp. PBA Loc. 124 v. Twp. of Middletown, 193 N.J. 1, 10 (2007)). 8 A-1706-24 Further, we review the determination …
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… No. 012869-2017 Block 603; Lot 19 Dear Counsel: This letter constitutes the court’s opinion following trial on … charitable, and educational purposes. Rabbi Lewis is the appointed Rabbi and president of Chabad. Chabad manages Jewish … Holy Child Jesus v. City of Summit, 23 N.J. Tax 528 (Tax 2007), rev’d, 418 N.J. Super. 365 (App. Div. 2011), the Tax …
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… from an April 1, 2011 order denying his motion for reconsideration of a February 4, 2011 order granting summary … of which Bongiovanni filed a complaint against Peterson in 2007, and Peterson filed a counterclaim.1 As we outlined in … had been adjourned several times: Now there's one other point that ought to be spread on the record. The moving …
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… on the brief). PER CURIAM This appeal requires our consideration of a lease provision that granted the tenant … of the business was "ongoing" and could be exercised at any point during the remaining life of the lease. By giving … & Health Servs., 397 N.J. Super. 384, 391 (App. Div. 2007), a court must engage in the difficult process of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Id. at 272 (citing State v. Elders, 192 N.J. 224, 246 (2007)). 2 The court also found that defendant had no … a totality-of-the- circumstances test, performed from the point of view of a reasonable person in defendant's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Id. at 272 (citing State v. Elders, 192 N.J. 224, 246 (2007)). 2 The court also found that defendant had no … a totality-of-the- circumstances test, performed from the point of view of a reasonable person in defendant's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … This appeal followed. II. Defendant raises the following points on appeal: POINT I THE EVIDENCE MUST BE SUPPRESSED … 300, 313 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)). "Thus, appellate courts should reverse only when the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … (count two); fourth-degree unlawful possession of hollow point bullets, N.J.S.A. 2C:39-3f(1) (count three); and … in original) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). We "defer[] to those findings in recognition of the …
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… partners on its fraudulent inducement claim. Kurz Capital points to a portion of the Law Division court's opinion in … 175 N.J. 597, 608 (2003)), aff'd as modified, 190 N.J. 359 (2007). "In imposing a constructive trust, a court must find … the [pending] Law Division action [where that court] is empowered to grant" such equitable relief. In short, Kurz …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … holding her "five-month old . . . on [her] hip." At that point, plaintiff's sister asked her husband to "call the … State v. Brown, 394 N.J. Super. 492, 504 (App. Div. 2007)); see also N.J.S.A. 2C:25-18. Consequently, "[o]ur law …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … against her were ultimately dismissed. 4 A-0369-22 At that point, Chieppa activated his emergency lights, exited his … in original) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "[F]actual findings based on a video recording or …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to extrinsic evidence as an aid to interpretation." Cypress Point Condo. Ass'n, Inc. v. Adria Towers, LLC, 226 N.J. 403, … Cannova & Cov. Lane, Middleton & Co., , 191 N.J. 1, 13 (2007) (quoting Pickett v. Lloyd's, 131 N.J. 457, 474 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … merits." This appeal followed. Defendant raises a single point: POINT ONE [DEFENDANT] IS ENTITLED TO AN EVIDENTIARY … a meritless motion." State v. O'Neal, 190 N.J. 601, 619 (2007); State v. Bell, 388 N.J. Super. 629, 640 (App. Div. …
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… otherwise not used, to protect the victim in this matter concerning a sexual offense. R. 1:38-3(c)(12). NOT FOR … run concurrently. On appeal, defendant raises the following point: POINT I: THE COURT'S FAILURE TO INSTRUCT THE JURY ON … N.J. 245, 257 (2015); State v. Burns, 192 N.J. 312, 341 (2007); State v. Jordan, 147 N.J. 409, 422 (1997). The charge …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … L.L.C. v. Lane, Middleton & Co., L.L.C., 191 N.J. 1, 14 (2007) (quoting Lane v. Oil Delivery, Inc., 216 N.J. Super. … agreed to "withdraw the fraud claims," conceding "[a]t this point I don't know that there's 3 We would be remiss if we …