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… . . . back roads." Gambino explained "cleaning" was a common term officers used to describe an 4 A-2468-22 … with Lund[1] and Gamble,[2] a reasonable individual could come to the inference that the defendant was about to or might be in the process of committing a crime. 1 State v. Lund, 119 N.J. 35 (1990). 2 …
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… Wegfahrt further testified he "detected the odor of alcohol coming off of [defendant's] breath. At the same time, his … (count one); second- degree possession of a weapon while committing a CDS offense, N.J.S.A. 2C:35-5(b)(3) (count … to possess ammunition. In exchange, the State agreed to recommend a six-year prison sentence with three and one-half …
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… upon Marks's unopposed motion to dismiss the third-party complaint against him; and (4) a March 5, 2019 order … that no claims can be sustained against [them] . . . is completely in line with the . . . prevailing law." As for … JUDGE[S] WILSON AND HARZ ERRED IN HOLDING THAT ROCCO COMMITTED NO MALPRACTICE IN FAILING TO COLLECT THE EQUITABLE …
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… denying their motion to dismiss plaintiff Julia Nawrocki's complaint and to compel arbitration.1 Defendants also appeal from a May 12, … in keeping with the Expedited Procedures of the Commercial Arbitration Rules 4 A-2813-22 ("Rules") of the …
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… but sought to prove he lacked the mental state required to commit murder. Defendant presented an expert who opined that … medical examiner testified the cause of death was assault "compounded by strangulation both manual and ligature." A … tied the belt around the victim. He argued that counsel's comment, combined with the medical examiner's opinion of the …
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… We affirm, substantially for the reasons set forth in the comprehensive written opinion of Judge Arthur J. Batista. … and apologetic." Hall added that defendant's insurance company "took care of everything." The judge found Hall was … 157 N.J. at 470-71. [T]he rule of deference is more compelling where, as here, both judges made concurrent …
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… motion to adjourn the fourth trial date and dismissing his complaint with prejudice for failure to produce an expert … other two orders. I. On July 18, 2018, plaintiff filed a complaint in the Law Division, alleging he suffered physical … in the report of plaintiff's expert, Dr. Thomas Scilaris, comparing an MRI of plaintiff's lumbar spine performed on …
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… N.J.S.A. 2C:11-3(a)(3); second-degree conspiracy to commit robbery of an unnamed victim, N.J.S.A. 2C:5-2 and … to testify against defendant in exchange for the State's recommending a lesser sentence. 3 A-1088-22 1; second-degree … At trial, Parrish testified to agreeing with defendant to commit robbery and deciding to target cabs. Id. at 5. He …
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… 20, 2018, plaintiff filed a domestic violence civil complaint against defendant, and alleged that defendant had … that on her social media Snapchat, she was "snapping" how uncomfortable she was being at the gym while defendant was … watched her whole story on Snapchat, and she felt "really uncomfortable." Plaintiff further testified that she purchased …
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… admissibility of certain police audio transmissions, trial commenced on March 11, 2014 and concluded two days later. … memorandum and proceed to trial, when she should have recommended he plead guilty. Defendant's specific claims of … and articulable suspicion a traffic offense had been committed, which provided him the authority to conduct a …
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… after his death, his wife, Saundra Gordon, filed a verified complaint seeking to be NOT FOR PUBLICATION WITHOUT THE … 2 Alice Cooper, Joe's former wife, also filed a verified complaint seeking to be appointed administratrix, alleging … she was Joe's surviving spouse. The court dismissed her complaint in a September 6, 2016 order. She has not appealed …
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… ISSUE, THE REAL PROBLEM BEFORE THE PCR COURT WAS THE COMPLETE LACK OF COUNSEL AS TO THIS ISSUE ON DIRECT APPEAL. … errors created more than a "conceivable effect on the outcome of the proceeding." Strickland, 466 U.S. at 694. … him of a fair trial. Nor did defendant establish the outcome of the trials would have differed if counsel raised …
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… a May 25, 20181 order denying his motion to reinstate his complaint against Hermès of Paris (HOP) and Lorenzo Bautista … At defendants' request, a federal judge in New York compelled arbitration. Although plaintiff had appealed from the federal order compelling arbitration, he did not contest arbitrability, …
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… 2 A-3412-17T4 This appeal concerns whether a plaintiff company complied with the ninety-day deadline prescribed by N.J.S.A. … defendants. Consequently, the court dismissed plaintiff's complaint in accordance with the statute. Plaintiff argues …
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… counts. Pursuant to the plea agreement, the State recommended a fifteen-year sentence for counts one and two, … DeLury sentenced defendant in accordance with the State's recommendation to the maximum custodial term of fifteen years, … with the negotiated plea agreement. See, e.g., State v. Fuentes, 217 N.J. 57, 70 (2014) ("A sentence imposed …
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… March 20, 2019 - Decided May 22, 2019 Before Judges Fuentes and Accurso. On appeal from Superior Court of New … inflicted on the victim; three, the risk defendant would commit another offense; six, the extent of defendant's prior … We find none of these arguments availing and confine our comments to the first point. Defendant's arguments regarding …
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… from a November 7, 2017 order denying their motion to compel arbitration and stay further proceedings in this … one arbitrator to be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. I further … in full force and effect." In June 2015, plaintiffs filed a complaint asserting claims against GAAJ for simple …
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… in the cost of living, increases or decreases in their income and Social Security, the possible loss of or inability … of this Agreement. The parties were each aware of the income, assets and liabilities of the other and this … and every respect. . . . . (e) They have made a full and complete disclosure of all assets, income and liabilities to …
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… and 2C:35-5(b)(1), and second-degree conspiracy to commit first-degree distribution of heroin, N.J.S.A. … The jury heard the statement. In summation, the prosecutor commented, "When you have the facts, you argue the facts. … MR. RAMOS TO TRAFFIC IN NARCOTICS. POINT III THE PROSECUTOR COMMITTED MISCONDUCT DURING SUMMATION BY STATING THAT (A) …
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… Argued May 2, 2018 — Decided Before Judges Fuentes, Koblitz and Suter. On appeal from Superior Court of … into the building with defendant. Craig heard two gunshots coming from inside the house. Craig called Barry's cell … you the cash." He also texted defendant, "I don't need to come into the house. . . . You got to understand, I'm not …