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… (counts three, four and five); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … We affirm the motion judge's denial of that motion. The facts of the underlying crime, which we glean from "[t]he … defendant knew where his sister lived in the Bronx. In fact, defendant claimed in his November 2013 PCR …
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… Atlantic City. Except for a single charge of conspiracy to commit armed robbery, on which the jury hung, defendant was … the following points: POINT ONE DURING OPENING STATEMENT A FACT WAS CLEARLY ADMITTED THAT REQUIRED AN ACQUITTAL. POINT … conviction"). We acknowledge the distinctions between the facts here and those presented in McKinney. In McKinney, all …
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… Defendant was arrested on August 7, 2019, and charged under Complaint- Warrant W-2019-0454-1712, with three counts of … 2A:162-20 provides that the court should consider certain factors in making the detention determination. Mercedes, 233 N.J. at 7 A-0302-19T6 163. These factors include the nature and circumstances of the charged …
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… to 3 A-0192-18T1 decide the precise use" of his or her income. The Agreement contained "no provision . . . with … including a multi-million-dollar printing press and ink manufacturing business he took over from his father. After the … as to plaintiff's unconscionability claim, holding that factual issues existed, requiring a plenary hearing, as to …
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… OF NEW JERSEY, Defendants, and DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE INDYMAC INDX MORTGAGE TRUST … to file a contesting answer. The judge held "[g]iven the facts of this case, to deny Deutsche Bank the opportunity to … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan …
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… appeals from a March 29, 2019 order denying its motion to compel arbitration of claims raised in plaintiff James … explanations for its purpose, namely, to satisfy the per diem interest on the outstanding loan; "to allow time to … determination subject to de novo review[,]" however, "the factual findings underlying the waiver are entitled to …
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… on newly discovered evidence. We summarize the relevant facts from our prior opinion affirming defendant's … came out of his home with Martin, but defendant could not "comment" on whether Thomas was forced at gunpoint to lay … of parole ineligibility. Martin eventually provided a factual basis implicating himself and defendant in some of …
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… offense charged in Indictment No. 13-07-0920. The State recommended an aggregate prison term of five years with a … counsel also contended defendant satisfied the Slater1 factors, warranting vacatur of his guilty pleas on that … the immigration issue, the court distinguished the facts of the present matter from those in State v. …
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… 2006), we reverse and vacate the FRO. I. We glean these facts from the evidence produced at trial and the pleadings … On October 30, 2020, defendant filed a domestic-violence complaint against plaintiff. In the complaint, defendant … a restraining order is necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), …
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… representation, determining the claims in the respective complaints concerned alleged personnel decisions by Ruotolo, … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … not reasonably have been made on a showing of the relevant factors. [In re Stallworth, 208 N.J. 182, 194 (2011) …
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… v. BOARD OF REVIEW, DEPARTMENT OF LABOR, and BROOKDALE COMMUNITY COLLEGE, Respondents. ___________________________ … 43:21-4(g)(1) and found: [T]he summer sessions are[,] in fact, condensed sessions that overlap one . . . another and … Super. 198, 201-02 (App. Div. 2017). "[I]n reviewing the factual findings made in an unemployment compensation …
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… was charged in the Chancery Division, Family Part with committing the following acts of delinquency that, if … N.J. 329 (1995). We incorporate by reference the underlying facts and evidence that led to defendant's conviction, as … the knowing and purposeful [murder]. That's another Miller factor. His involvement in this tragic incident rests on the …
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… APPELLATE DIVISION DOCKET NO. A-3170-19 KEYSTONE SERVICING COMPANY, LLC, Plaintiff-Respondent, v. BLOCK 365, LOT 9 713 … to vacate a default judgment. Because there was a genuine factual dispute about whether the property was abandoned and … showing that the claim of abandonment was incorrect and, in fact, that FIG's submission on the abandonment motion was …
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… State argued that on December 12, 2016, the time defendant committed this infraction, the mandatory sentencing … of credibility in his trial testimony as an aggravating factor for sentencing purposes. In this light, the judge … sentence pending the outcome of this appeal. The following facts inform our legal analysis. At approximately 12:50 a.m. …
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… Plaintiff-Respondent, v. SIRIUS AMERICA INSURANCE COMPANY; NORTH AMERICAN RISK SERVICES; SPENCER B. ROBBINS, … 7 Here, the record reflects no dispute as to the underlying facts of the case. The parties agree that if Pennsylvania's … — both incorporated in New Jersey — "designed, manufactured, distributed, and labeled" the defective product in …
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… N.J.S.A. 2C:11-3(a)(1) and (2); second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2; … 219 N.J. 185, 193 (2014). Application of Rule 3:28-1 to facts substantively equivalent to those presently before us … the new offense. [Id. at 461.] Defendant concedes that the facts of the present appeal are substantively identical to …
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… and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-2766. Caruso Smith Picini PC, … construed." Additionally, the Commission relied on the fact PTI is not statutorily defined as a favorable … in accordance with N.J.S.A. 40A:14-149.1 et seq." Ibid. In fact, the regulation cited by Gauthier explicitly states in …
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… with this opinion. We discern the following material facts from the record. In 2012, the East Windsor Regional … with a concussion.3 In June 2017, plaintiff filed a complaint against defendants alleging negligence (count one) … with another skater). In this case, however, and unlike the facts in Crawn, Schick, Obert, or Calhanas, Fillmyer was not …
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… accrued interest of $21,227, for a total of $47,200.83 when combined with the loan principal. The Division informed … February, the Board determined that there were no material facts in dispute and directed the Board Secretary to prepare … . . . whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… Shree Ji, Inc. We affirm. We summarize the relevant facts and protracted procedural history from the record before the motion judge. Plaintiff is the owner of commercial property located in Plainfield. Kumar is the … promptness in moving to vacate a default judgment is a factor that supports granting the motion. Reg'l Constr. …