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njcourts.gov
… acquisition of a firearm, second-degree conspiracy to commit robbery, and second-degree conspiracy to commit … his conviction for felony murder; and (2) this court's "fact finding conclusions were unreasonable and clearly … right, R. 3:22- 12(a)(2)(A), the discovery of a factual predicate that could not have been discovered …
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njcourts.gov
… certain consequences under Megan's Law, one of which was "community supervision for life." The prosecutor corrected … sexual assault charge in the 2009 accusation. The State recommended a suspended sentence for five years. During the … State police, once he is released from federal custody, the fact that he will be subject to at least an evaluation by …
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njcourts.gov
… v. ENVIRO/CONSULTANTS GROUP, LTD, THOMAS J.P. HUGUES, COMMONWEALTH CAPITAL, LLC, and KEYSTONE BUSINESS CREDIT, … erroneously utilized to dismiss the action. We agree the factual record is simply too murky to warrant entry of … matter that the motion judge will likely be the trier of fact. The principles applicable to summary judgment motions …
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njcourts.gov
… the welfare of a child, N.J.S.A. 2C:24-4(a). The factual record is detailed in our opinion affirming … On July 20, 2020, the PCR judge issued an order and accompanying written opinion denying defendant's petition … of a PCR petition with "deference to the trial court's factual findings . . . 'when supported by adequate, …
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njcourts.gov
… We affirm. I. Durante filed a claim for unemployment compensation in May of 2020. She received a weekly benefit … should be denied for failure to exhaust administrative remedies because the Director has not yet issued a decision … the 7 A-2366-20 claimant did not misrepresent any material facts in obtaining benefits. Here, the Board indicated the …
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njcourts.gov
… business as Homesite Insurance July 16, 2015 A-3466-13T2 2 Company, assessed the damage to the house and issued a check … his home in May 2006. On May 10, 2013, plaintiff filed a complaint against PennyMac in the Superior Court Law … law and the legal consequences that flow from established facts are not entitled to any special deference."). Because …
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2C:2-6
Charges Document PDF
njcourts.gov
… 1 of 4 LIABILITY FOR ANOTHER’S CONDUCT (N.J.S.A. 2C:2-6) ACCOMPLICE CHARGE # ONE - Where defendant is charged as accomplice and jury does not receive instruction on lesser … Presence is not in itself conclusive evidence of that fact. Whether presence has any probative value depends upon …
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2C:12-1a(1)
Charges Document PDF
njcourts.gov
… any opinion one way or another about whether the defendant committed these, or any, offenses. You should consider these … which defines simple assault provides that: A person commits a simple assault if he attempts to cause or … acted toward the victim of the assault is a question of fact for you the jury to decide. Purpose and knowledge and …
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2C:12-10b
Charges Document PDF
njcourts.gov
… of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person’s property] [committing harassment2 against a person] [conveying, or …
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2C:14-2a(7)
Charges Document PDF
njcourts.gov
… part: An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person … elements beyond a reasonable doubt: 1. That the defendant committed an act of sexual penetration with another person. … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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2C:20-36 / 2C:20-37
Charges Document PDF
njcourts.gov
… Jersey, food stamp or other benefits as determined by the Commissioner of Human Services under the electronic benefit … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … doubt that the amounts involved were taken in thefts committed pursuant to one scheme or course of conduct, the …
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2C:21-20e
Charges Document PDF
njcourts.gov
… of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … injury, deformity, 1 Cannel, N.J. Criminal Code Annotated, comment on N.J.S.A. 2C:21-20 (2016-2017); see also Morris v. … he diagnosed ailments and conditions and gave advice as to diet). Pinkus distinguished State Board of Medical Examiners …
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2C:24-4a(1)
Charges Document PDF
njcourts.gov
… of a child. Here, the State alleges that the sexual conduct committed by defendant consisted of [summarize relevant 1 By … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … the defendant and the child you should consider these factors: the disparity in ages or maturity, the importance …
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2C:24-4b(4)
Charges Document PDF
njcourts.gov
… of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child … of such an act, and OR used any device, including a computer, to reproduce or reconstruct the image of a child … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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2C:24-4b(4)
Charges Document PDF
njcourts.gov
… THE WELFARE OF A CHILD ( PORNOGRAPHY) (Applies to crimes committed after August 14, 2013) N.J.S.A. 2C:24-4b(4) … of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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2C:29-1
Charges Document PDF
njcourts.gov
… That section of our statutes provides that A person commits an offense if he purposely obstructs, impairs, or … beyond a reasonable doubt: (1) that the defendant (a) committed an act of intimidation, force, violence, or … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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2C:35-10.3a
Charges Document PDF
njcourts.gov
… one must have a knowing, intentional control of that item accompanied by knowledge of its character. So, a person who … or to possess” the enumerated substances, the Supreme Court Committee on Model Criminal Jury Charges (Committee) notes … his/her person at the time of the arrest, if he/she had in fact, at some time prior to his/her arrest, had control over …
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2C:37-2a(1
Charges Document PDF
njcourts.gov
… means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not … receive something of value in the event of a certain outcome.1 The type of gambling 1 See N.J.S.A. 2C:37-1b. Page 1 … mind a firm belief or conviction as to the truth of the fact sought to be established and is evidence so clear, …
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2C:37-3a(1
Charges Document PDF
njcourts.gov
… Count _____ of the indictment charges defendant with committing the offense of possession of gambling records … be incorporated into the definition of the offense where factually applicable. 2 If the writing, paper, instrument or … mind a firm belief or conviction as to the truth of the fact sought to be established and is evidence so clear, …
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2C:39-4.1c
Charges Document PDF
njcourts.gov
… OTHER THAN A FIREARM] UNLAWFUL POSSESSION OF WEAPON WHILE COMMITTING CERTAIN DRUG CRIMES (N.J.S.A. 2C:39-4.1c) … physically on his/her person at the time if he/she had in fact at some time prior to his/her arrest control over it. … a likely threat of harm to others. You may consider such factors as the surrounding circumstances, the size, shape, …