-
njcourts.gov
… N.J.S.A. 2C:35-10(a)(1) (count one); second-degree manufacture or distribution of a CDS, N.J.S.A. 2C:35-5(a)(1) (count two); third-degree manufacture or 3 A-0553-20 distribution of a CDS on or near … four); and second-degree possession of a firearm while committing a CDS crime, N.J.S.A. 2C:39-4.1(a) (count five). …
-
njcourts.gov
… (DOC), which upheld an adjudication and sanctions for committing prohibited act *.102, attempting or planning an … as presented there is no apparent misinterpretation of the facts. No leniency will be afforded to [Gittens]. Uphold all … law and the legal consequences that flow from established facts are not entitled to any special 9 A-3008-19 …
-
njcourts.gov
… 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. …
-
njcourts.gov
… and the State agreed to dismiss the remaining charges and recommend that the court sentence defendant to probation, … the plea hearing on December 15, 2016, defendant provided a factual basis for his plea. He admitted that on August 26, … sentenced on January 20, 2017. The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant …
-
njcourts.gov
… a subpoena. We affirm. We have drawn the following relevant facts from the record. Halligan I. Karl Halligan was the … Hodkinson. Halligan, O'Connor, and Hodkinson formed two companies: Park Avenue Bar & Grill, LLC (Park Avenue), a … regard: Denied as this [c]ourt finds Mr. Hodkinson did in fact waive his privilege in regard to his own communications …
-
njcourts.gov
… 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 …
-
njcourts.gov
… were in 3 A-0200-19 jail together. He admitted he did not come forward with this information for almost a year, and … have been different." Strickland, 466 U.S. at 694. The fact that a trial strategy fails to obtain the optimal … about the nature of the sanitized conviction is without any factual basis. See State v. 8 A-0200-19 Cummings, 321 N.J. …
-
njcourts.gov
… for the reasons expressed by Judge Samuel D. Natal in his comprehensive written opinion. Defendant is the father of a … He claimed the promised jail credit "was a significant factor in his decision to accept the [S]tate's plea offer … evidentiary hearing." The court concluded that "[a]ll the facts necessary for the [c]ourt to make its determination …
-
njcourts.gov
… limited. R. 1:36-3. January 10, 2019 2 A-1633-17T4 amended complaint to include Diomedes Morel (Diomedes),1 defendant … In its oral decision, the court considered the undisputed fact that plaintiff knew about the businesses and the … of justice." R. 4:9-1; see also R. 5:4- 2(e). "[T]he factual situation in each case must guide the court's …
-
njcourts.gov
… 7, 2019 2 A-4883-16T3 1(a)(1); second-degree conspiracy to commit robbery, pursuant to N.J.S.A. 2C:5-2(a)(1); … through the evidence 'to determine whether any trier of fact could rationally have found beyond a reasonable doubt … observing his demeanor, and that his testimony was not "studied or rehearsed." Notably, neither E.B. nor S.R. were …
-
njcourts.gov
… N.J.S.A. 39:4-50. We affirm. We derive the following facts from the record. On November 10, 2010, defendant … or induced into pleading guilty. Defendant then provided a factual basis for his plea. Defendant admitted that on … a plea after sentencing must be substantiated by strong, compelling reasons." Id. at 160. "[T]he burden rests on the …
-
njcourts.gov
… in the indictment at sentencing, the State agreed to recommend 3 A-1592-16T4 a non-custodial probationary … 5, 2014." We added, however, that because "there were no facts in the record by way of certifications to support the … AND THE COURT'S FINDINGS TO THE CONTRARY PARTAKE OF FACTFINDING AND CREDIBILITY 3 We have consolidated Points I …
-
njcourts.gov
… IN THE MATTER OF ROBERT RANDOLPH, JUVENILE JUSTICE COMMISSION _____________________________ Submitted June 6, … from his personal opinion. However, the ALJ did find as a fact that Randolph had forwarded sexually suggestive … the agency's expertise when such expertise is a pertinent factor." Close v. Kordulak Bros., 44 N.J. 589, 599 (1965); …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… (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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… of an independent special prosecutor to pursue a citizen-complaint once probable cause has been determined. We … carefully examining available evidence, the law, and the facts. The judge also addressed Brennan's argument that … the Pennsylvania Supreme Court recognized in that case, the facts presented there were distinguishable from a situation …
-
njcourts.gov
… they were unable to locate defendant. Stevens swore out a complaint, which charged defendant with resisting arrest by … N.J. 587, 589 (2018), which defendant cites for support. In fact, defense counsel asked the jury to consider whether … of a crime is especially crucial to the 10 A-3879-16T4 satisfaction of a criminal defendant's due process rights." State …
-
njcourts.gov
… a business entity, Defendants, and FARMERS INSURANCE COMPANY OF FLEMINGTON, a business entity, … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … as a matter of law." If there are no genuine and material factual questions, we then determine whether the trial court …