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… the mail was delivered. In February 2022, a foreclosure complaint was filed by plaintiff's predecessor in interest. … the judgment or order. If the relief is sought on contested facts, an evidential hearing must be held. Nolan v. Le Ho, … from a breach of the mortgage. Plaintiff counters it did in fact provide proof that it requested a return receipt with …
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… following points: POINT I THE COURT'S FAILURE TO PROVIDE A COMPLETE IDENTIFICATION INSTRUCTION DENIED DEFENDANT HIS … Sentence Imposed. B. The Extended Terms. C. The Aggravating Factors Found. D. The Aggregate Sentence Imposed. For the … arrest count could hardly have confused the jury under the facts presented by the parties, let alone led the jury to a …
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… station's store and came behind the counter. His face was completely covered. He demanded the store's money. When the … understanding the witness's testimony or in determining a fact in issue." N.J.R.E. 701; see also State v. Lazo, 209 … video did not contain testimony from a witness. In fact, it contained no sound at all. Thus, the concerns the …
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… assault and robbery. Those charges included conspiracy to commit first-degree robbery, N.J.S.A. 2C:5-2 and N.J.S.A. … for a new trial . In our prior opinion, we described the facts that gave rise to defendant's convictions. Accordingly, we need only summarize the facts and procedural history relevant to defendant's …
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… DIVISION DOCKET NO. A-3814-17T5 IN THE MATTER OF THE CIVIL COMMITMENT OF J.A., SVP-528-09. _________________________ … Div. Mar. 24, 2017). We discern the following pertinent facts from the record. Appellant was first committed to the … is an actuarial instrument used to assess dynamic risk factors that can change over time. Kevin Baldwin, Sex …
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… expenses to plaintiff Camile Colarusso. We affirm. I. We commence our review with a brief discussion of well-settled … must not utilize reconsideration merely because of "dissatisfaction with a decision of the [c]ourt." Capital Fin. Co. of … N.J. Super. at 401). II. We incorporate by reference the facts, which are set forth at length in our prior opinion …
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… execution of a search warrant. We affirm. I. The following facts are derived from the record. In December 2014, a … Matthew Jakubowski information about drug sales in the community. The CI had previously provided members of the RPD … Jakubowski, which does not constitute a disputed material fact warranting his testimony. See R. 3:5-7(c). With respect …
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… principles of law, we affirm. We derive the following facts from the evidence presented at trial. Defendant's … application for Pre- Trial Intervention (PTI).3 In a comprehensive review of the factors listed under N.J.S.A. 2C:43-12(e), the prosecutor …
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… On July 29, 2016, defendant was arrested and charged with committing a robbery in Union County. Defendant was released … defendant. The judge first addressed the aggravating factors under N.J.S.A. 2C:44-1(a). The judge found that aggravating factor three applied. N.J.S.A. 2C:44-1(a)(3) (risk that …
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… title of Employee Benefits Specialist, and dismissing NPS's complaint with prejudice. For the reasons that follow, we … of the CBA. 3 A-4539-16T1 We recount the following relevant facts. Brown left her post and the worksite on July 31, … in which the arbitrator has made an acknowledged mistake of fact or law or a mistake that is apparent on the face of the …
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… ON A SECOND-DEGREE OFFENSE AFTER FINDING ONLY AGGRAVATING FACTORS THREE, SIX, AND NINE. Defendant asserts his right to … However, we will not 4 A-1924-16T2 overturn a trial court's factual determination on a speedy trial issue unless it is … In support of his argument, defendant relies on Bullcoming v. New Mexico, 564 U.S. 647 (2011). There, the United …
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… was not properly tailored, and the prosecutor made improper comments in her summation. Having reviewed defendant's … WAS EXTREMELY LIMITED AND CONTRADICTORY, AND, IN FACT, MOST OF THE RECITATIONS OF THE INCIDENT BY THE ALLEGED … and she felt it and his hand was moving. Well, that, ladies and gentlemen, in and of itself is sexual assault, but …
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… and Vernoia. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2017-4013 and 2018-0739. Caruso … capricious or unreasonable, we affirm. We described the facts giving rise to Hairston's suspension in our prior … 5 A-3758-17T4 were filed on January 8, 2015, when, in fact, the initial PNDA was filed on June 26, 2014. Hairston, …
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… second-degree possession of a firearm during the course of committing a drug offense, N.J.S.A. 2C:39-4.1(a); … the officer's hearsay statements. We discern the following facts from the record. At around 1 a.m. on November 8, 2014, … of review for each issue. We defer to a trial court's factual findings on a Miranda motion if supported by …
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… the convictions and the sentence. We affirm. The following facts are taken from the record. On December 11, 2009, … Defendant's vehicle crossed the double line into oncoming traffic and collided head-on with another vehicle, … to defense counsel's remarks. The prosecutor argued: "So ladies and gentlemen, [defense counsel] went [to visit Payton] …
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… possession of a handgun while in the course of committing, attempting to commit or conspiring to commit the … his pro se supplemental brief: POINT I THE STATE POLICE MANUFACTURED EVIDENCE AGAINST [DEFENDANT] IN VIOLATION OF U.S. … but remand for resentencing. I. We summarize the pertinent facts from the trial record. On August 2, 2013, State Police …
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… Our deference is required even where the motion court's "factfindings [are] based on video or documentary evidence," … to the United States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and evidence rule, …
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… 31, 2015 final judgment. We affirm. We derive the following facts from the evidence presented at the two-day bench trial … engaged in providing graphic solutions to retailers and manufacturers. Budd is DPI's founder and president and was its … a shareholder and owned at least twelve shares of DPI's common stock, and pay him an annual salary of $100,000, …
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… OAKS DEVELOPMENT CORP., JOHN J. BRUNETTI, and MIDTOWN WATER COMPANY, Plaintiffs-Appellants, v. THE PLANNING BOARD OF THE … tank. We affirm. I. We briefly summarize the relevant facts and procedural history. In the 1950's, Brunetti's … erred by finding there was no genuine issue of material fact as to whether 7 A-2666-16T2 the specific improvements …
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… LLC (Nationstar). We affirm. We derive the following facts from the record. On December 1, 2006, defendant … was recorded on November 5, 2008. On the same date, after complying with the notice requirement of the Fair … November 14, 2014, Aurora by Nationstar, its attorney-in- fact, assigned the mortgage on the subject property to U.S. …