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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … had not served an affidavit of merit (AOM) at that point, so the judge extended the deadline until October 27, … It suffices to say that plaintiff never raised the point in the trial court. Nieder v. Royal Indem. Ins. Co., …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … May 25, 2018 order. The Case Information Statement (CIS) points to orders on May 25, 2018, March 29, 2018, February … the door open while Negron effectuated service, at which point Yu threw the documents out of her home. When service …
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… brief). PER CURIAM Defendant John Sellow appeals from his conviction after a jury found him guilty of second-degree … to a fair trial, 'erroneous instructions on material points are presumed to' possess the capacity to unfairly … to defendant's contention, the fact that up until the point defendant began to elude the sheriff's officers he had …
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… from the order of the Criminal Part denying her post-conviction relief (PCR) petition. We affirm. NOT FOR … was provided with a certified court interpreter. At one point, defendant told Judge Taylor that she was having … defendant now appeals raising the following argument: POINT I MS. NAVA IS ENTITLED TO AN EVIDENTIARY HEARING ON …
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… PER CURIAM Defendant pled guilty to aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(7), causing significant … followed. On appeal, defendant raises the following single point: POINT I BECAUSE THE PROSECUTOR AND PTI DIRECTOR CONSIDERED …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2833-14T4 ROB K. CONSTRUCTION & COMPANY, Plaintiff-Appellant, v. RUTGERS … defendants had led him to believe as much. The judge also pointed out that plaintiff never advised defendants 6 … was consistent with [its] own application. I should also point out that the independent producer . . . knew that …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … an aggregate seventeen-year prison term. Defendant argues: POINT I THE FAILURE TO GIVE AN N.J.R.E. 404(b) LIMITING … Error Doctrine Should Not Bar Relief. D. Conclusion. POINT II A SEVENTEEN-YEAR [NO EARLY RELEASE ACT] SENTENCE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant raises the following contentions: POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S … THE PROCEDURAL GROUNDS PURSUANT TO RULE 3:22- 12(a)(1). POINT II THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … evidentiary hearing. Before us, defendant raises one issue: POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S … he would accept the offered plea. In support, the judge pointed out that when the parties were not able to reach a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … have purchased a pair of "paramedic scissors" without sharp points, or driven a different type of motorcycle. We accord … vest was improperly seized from another occupant's room. He points to N.J.A.C. 10A:72-6.3(b)(3), which states that a …
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… Monmouth County, Municipal Appeal No. 14-075. Tonneman & Connors, L.L.C., attorneys for appellant (Cheryl E. Connors, … refusal. II. On this appeal, defendant makes two arguments: POINT ONE – THE STATE FAILED TO SATISFY ITS BURDEN TO PROVE … DOUBT THAT DEFENDANT WAS GUILTY OF REFUSAL AND DWI POINT TWO – THE TRIAL COURT ERRONEOUSLY DEFERRED TO THE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … followed. Defendant raises the following issues on appeal: POINT I THE PCR COURT ERRED IN DENYING AN EVIDENTIARY … C. THE RECORD CONTAINED MATERIAL ISSUES OF DISPUTED FACTS. POINT II THE PCR COURT'S DECISION SHOULD BE REVERSED BECAUSE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … than four years earlier. In responding, defense counsel pointed out that Anthony Minuto, Sr., was deceased, and that … 5, 2016, plaintiff's counsel wrote to the trial judge. She pointed out that the judgment omitted the entry of a …
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… warrant, defendant Michael C. Battista pled guilty to second- degree possession of psilocin with intent to … was false. II. Defendant appeals and makes two arguments: POINT I – THE ARREST WARRANT WAS INVALID BECAUSE IT WAS … THAT WERE RELIED UPON FOR THE ISSUANCE OF THE WARRANT. POINT II – THE AFFIDAVIT DID NOT [ESTABLISH PROBABLE CAUSE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant raises the following contentions: POINT I THE ORDER DENYING THE MOTION TO SUPPRESS SHOULD BE … TAINTING ALL OF HER OTHER FINDINGS ON THE MATTER. POINT II THE MATTER SHOULD BE REMANDED FOR RESENTENCING. We …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … defendant now appeals raising the following arguments: POINT I THE LOWER COURT ERRED IN DENYING DEFENDANT'S REQUEST … INCORRECT ADVICE CONCERNING HIS IMMIGRATION CONSEQUENCES. POINT II DEFENDANT'S ATTORNEY WAS CONSITUTIONALLY [SIC] …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … wheelchair and scrolled through her cell phone. At one point, defendant stated to E.P., "I told you if you fell I … had been warned. In defendant's favor, the State pointed to the following N.J.S.A. 2C:43- 12(e) factors for …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … standing behind a school bus between two houses and pointing a gun in his direction. The victim and another … his first PCR petition on March 14, 2016. Counsel was appointed to represent him. On June 13, 2017, the PCR court …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … "her kitchen window and the car was still there"; at that point, she called the police. While on the phone with … he may fall and strike his head on the ground." At that point, Officer Chudy arrested defendant, charged him with …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … following issues in appealing the PCR denial: 4 A-0474-18T3 POINT ONE THE PCR COURT ERRED IN DENYING DEFENDANT AN … WHICH WOULD HAVE WEAKENED THEIR CREDIBILITY AT TRIAL. POINT TWO THE PCR COURT ERRED IN DENYING DEFENDANT AN …