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… In his PCR petition, defendant claims he could not have committed the offense to which he pled guilty because he is … was accused of digitally penetrating the victim, he did not commit that act, and he is therefore innocent. Defendant … N.J. 391, 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo …
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… dismiss the remaining charges. The State also agreed to recommend treating the second-degree charge as a third-degree … with the plea forms, wherein defendant acknowledged that he committed the offenses to which he was pleading guilty and … exposure of fifteen years in prison, but the State was recommending a sentence of only four years. Defendant also …
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… of counsel and on the brief; Alex W. Raybould and S. Christopher Martino, on the brief). NOT FOR PUBLICATION WITHOUT … file the appropriate motion. Defendant moved to dismiss the complaint for failure to comply with the AOM statute, failure to state a cause of …
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… member in another classroom requesting help with a non-compliant student. When Buday arrived in the classroom, she … and sporadic crying fits. She sought treatment for these complaints, and her treating psychiatrist 3 A-2692-20 … of a video that captured the incident , which largely refuted Buday's recounting of the incident. Buday testified …
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… Ocean County, Docket No. FV-15-0057-22. Tonacchio, Spina & Compitello, attorneys for appellant (Joseph Compitello, on … Defendant had no intention of contacting plaintiff in the future. In an oral opinion following the testimony, the … was unlikely they would have contact with each other in the future, an FRO was unnecessary. We disagree and affirm. We …
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… in Judge Grimbergen's decision. We add the following brief comments. In February 2018, the Division received a referral … records and suspension notifications, prior domestic complaints involving defendant, and psychological … . . . ." The judge stated she was "not inclined to . . . completely foreclose it," but wanted to obtain this …
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… The next day, she fell while attempting to use the commode, striking the back of her head. Three days later, … a "residual bump on [her] finger." In June 2019, plaintiffs commenced a civil action for compensatory 1 We use Carol's first name for ease of …
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… Perez Friscia. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-1628. Destribats Campbell Staub … General, attorney for respondent New Jersey Civil Service Commission (Brian D. Ragunan, Deputy Attorney General, on … decision (FAD) of the New Jersey Civil Service Commission (Commission) upholding the New Jersey Department …
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… denied defendant's petition for reasons stated in an accompanying written opinion. The judge found that the motion … from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Thus, "[t]he … is not constitutionally required unless the defendant accompanies the plea with a claim of innocence."). IV. We find …
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… APPELLATE DIVISION DOCKET NO. A-3902-21 JAMES B. NUTTER AND COMPANY, Plaintiff-Respondent, v. MELVENE L. KENNEDY, … 14, 2022 sheriff's sale of the property at issue in this completed foreclosure action. The trial court had entered … final judgment in favor of plaintiff James B. Nutter and Company on June 5, 2018. We affirm. On March 27, 2014, …
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… by a jury drawn from a representative cross-section of the community." State v. Gilmore, 103 N.J. 508, 524 (1986). … by a jury drawn from a representative cross-section of the community' but also helps achieve impartiality." State v. … without defendant being 8 A-0105-20 present "represented a complete breakdown of the adversarial process." Byrd, 198 …
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… Street Apartments1 in response to a fire alarm. The complex housed over 400 students in 81 different units. Heavy smoke was visible coming from the trash compactor on the ground floor, and the building's occupants …
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… PMC began an employment disciplinary action for conduct unbecoming of a public employee and suspended Winkler from … first time his contention that the Board was equitably estopped from denying deferred retirement benefits because it … that are supported by sufficient credible evidence." Futterman v. Bd. of Rev., Dep't of Labor, 421 N.J. Super. …
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… caused the Ford to veer left, overturn, strike a tree, and come to rest on the lawn of a nearby residence. Blanchard is controlled by a stop sign at its intersection with North Wyoming. North … have been obstructed." Defendant initially stated he was coming out of Blanchard to make a right onto North Wyoming …
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… was charged with one count of first- degree conspiracy to commit money laundering and theft by deception, N.J.S.A. … John Arturo Perez-Silva, with first-degree conspiracy to commit money laundering and theft by deception, N.J.S.A. … Rosa by her first name to avoid any confusion caused by the common surname with defendant. No disrespect is intended. 3 …
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… APPELLATE DIVISION DOCKET NO. A-0794-21 MARLENE CARIDE, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF BANKING AND … counsel; Ashleigh B. Shelton, on the brief). PER CURIAM The Commissioner of the New Jersey Department of Banking and … was criminally convicted on the same issues. Collateral estoppel prohibits Williams "from re-litigating matters or …
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… another relationship also lived with the parties. They stopped living together on October 3, 2021. Over the course … Specifically, defendant takes issue with the judge's comments that defendant's lack of eye contact (and, by … at 123. The Silver test requires a finding that: defendant committed a predicate act within N.J.S.A. 2C:25-19(a); and …
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… need to disturb its order denying a new trial. We briefly comment on defendant's second point on appeal, alleging … limitations on second and subsequent petitions for PCR. It compels dismissal of a subsequent PCR petition unless the …
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… Echelon Glen Apartments in Vorhees Township, an apartment complex owned and managed by defendants Echelon Glen and Chelsea management (landlords), comprised of approximately 36 buildings and 432 apartments … assault on plaintiff. Plaintiff filed a five-count complaint against Young, Echelon Glen, and Chelsea …
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… trial, finding that it was untimely and not supported by competent evidence. In December 2015, defendant was … the trial court "correctly ruled that defendant provided no competent factual information establishing his right to … our consideration: POINT I – [DEFENDANT'S] TRIAL COUNSEL COMMITTED A VIOLATION OF THE RULES OF PROFESSIONAL CONDUCT …