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… November 25, 2019 A-4802-17T4 2 In defendant's trial for second-degree reckless vehicular homicide, N.J.S.A. … did not do so, we reverse. Defendant raises the following points on appeal: POINT I THE COURT COMMITTED REVERSIBLE ERROR BY PROVIDING …
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… A. Gies, Designated Counsel, on the briefs). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … court's rejection of those claims on appeal. 14 A-0987-21 POINT ONE DEFENDANT'S BURDEN OF PROVING PREJUDICE UNDER THE … TO A PREPONDERANCE OF THE EVIDENCE BURDEN OF PROOF. POINT TWO THE PCR JUDGE WRONGFULLY CONCLUDED THAT DEFENDANT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Defendant raises the following arguments on appeal: POINT [I:] THE TRIAL COURT SHOULD HAVE DISMISSED THE … State v. S.B., 230 N.J. 62, 67 (2017). II. In Points I.A. and B., defendant urges us to strike down …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … but the men assaulting his friend came towards him. At that point, he pulled out a knife and stabbed one of the men. … This appeal followed. II. Defendant raises the following points on appeal: POINT I THE [PCR] COURT ERRED IN DENYING …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … rate to the property as of October 1, 2015 at 25%, and pointing out "A&P remained in possession and continued … of independent evidence of value.'" [Id. at 277 (citing Glenpointe Assocs. v. Twp. of Teaneck, 12 N.J. Tax 118, 123 …
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… 000482-2016, 000783-2017 Dear Counsel: This letter constitutes the court’s decision of Defendant’s motion for … at 401. “[M]otion practice must come to an end at some point, and if repetitive bites at the apple are allowed, the … from the gross leased spaces. For instance, as the court pointed out in its opinion, the lease abstract of the retail …
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… to meet not less than once per year for the purpose of considering a new value but their failure to meet or … and clear” (emphasis added). This particular case is not on point in any regard with the facts presented in the instant … or other members’ ultimate retirement. Defendants correctly point out that the Agreement unambiguously provides a clear …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … a law enforcement officer. Instead, the PCR court pointed out that defendant also had a 2004 conviction for a … of that prior conviction. II On appeal, defendant argues: POINT I – [J.L.] IS ENTITLED TO WITHDRAW HIS PLEA BECAUSE …
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… acts of delinquency which, if committed by an adult, would constitute second-degree unlawful possession of a handgun, … raises the following contentions for our consideration: POINT I THE MOTION JUDGE ERRED IN DENYING THE JUVENILE'S … officers serving in a community-caretaking role are empowered to make a warrantless entry into a home under the …
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… from a January 19, 2017 order denying his petition for post-conviction relief (PCR). We affirm. NOT FOR PUBLICATION … On appeal, defendant raises the following arguments: POINT I – DEFENDANT'S PETITION FOR POST CONVICTION RELIEF … WERE NOT EXPRESSLY ADJUDICATED BY THE APPELLATE DIVISION. POINT II – DEFENDANT'S PETITION FOR POST CONVICTION RELIEF …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … privacy. 9 A-2954-15T4 then asked the detective, "At that point were you in possession of information that [defendant] … Therefore, we reject defendant's contentions on this point and affirm this portion of the March 9, 2016 order. B. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … drinking and he said wine, mugs of wine. Q. Okay. At some point in time did you ask the defendant to step out of his … this record, defendant now raises the following arguments. POINT I THE COURT BELOW ERRED IN BALANCING THE SPEEDY TRIAL …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … would constitute a valid cause of action." Kieffer v. High Point Ins. Co., 422 N.J. Super. 38, 43 (App. Div. 2011) … judge was misled into finding probable cause, and they point out that the underlying criminal case was ultimately …
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… David W. Campbell's motion to suppress evidence of a controlled dangerous substance (CDS), lysergic acid … year custodial term. Defendant has appealed. He argues two points: POINT ONE THE TRIAL COURT ERRED WHEN IT DENIED DEFENDANT'S …
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… Submitted April 27, 2017 – Decided Before Judges Hoffman, O'Connor and Mawla. On appeal from Superior Court of New … however, he later withdrew the motion. 6 A-5770-14T1 POINT I THE FAILURE OF TRIAL COUNSEL TO CHALLENGE THE … INEFFECTIVE ASSISTANCE OF COUNSEL. (Not raised below). POINT II THE FAILURE OF THE COURT TO GIVE APPROPRIATE …
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… counsel and on the brief). PER CURIAM Defendant appeals his convictions and sentence for first- degree robbery, criminal … Defendant appealed and makes the following arguments: POINT I [DEFENDANT'S] ROBBERY CONVICTION MUST BE REVERSED … ATTEMPT AS AN ELEMENT OF ROBBERY. (Partially Raised Below). POINT II [DEFENDANT'S] SENTENCE OF THIRTEEN YEARS IN PRISON …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the filing of a formal complaint, a special master was appointed who held four days of hearings in 2012. Li was at … Li filed this appeal, raising the following issues: POINT I STATE OF NEW JERSEY HAS NO JURISDICTION. (A) STATE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … including the deceased victim, rented a motel room in Point Pleasant. There is no dispute the friends consumed … hours of the next day. At approximately 5:20 a.m., the Point Pleasant Beach Police Department and Emergency Medical …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … dextrose, and he administered glucagon instead. Dr. Maenza pointed out plaintiff had been given dextrose without any … raising the following issues for our consideration: POINT I RESPONDENT DID NOT ACT IN "GOOD FAITH" AND THEREFORE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … claiming ineffective assistance of counsel. Defendant's appointed PCR counsel filed a supplemental brief in March … On appeal, defendant raises the following arguments: POINT I THE TRIAL COURT ERRED IN DENYING THE PCR PETITION …