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… request for imposition of a lesser sentence than the one recommended by the State because the court mistakenly determined it was obligated to impose the recommended sentence. We disagree and affirm. I. Defendant was … to N.J.S.A. 2C:35-5(a)(1), for which he successfully completed three years of probation. As a result, if …
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… who conducted the first day of the hearing, a second judge completed the hearing and rendered a decision. 4 A-2854-17T1 … P. Nolan, D.O., explained the MRI demonstrated "no change compared with [the] previous study dated [November 5, … disc herniation on the left at L5- S1—that is, "[n]o change compared with the previous examination" following the 2009 …
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… CITY POLICE DEPARTMENT, a municipal entity, and THOMAS COMEY, individually and in his representative capacity, … judgment dismissing plaintiff's employment discrimination complaint. We reverse. The following facts are taken from … and a torn meniscus. In 2001, plaintiff filed a workers' compensation claim against Jersey City regarding his …
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… NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, WATER COMPLIANCE AND ENFORCEMENT, Petitioner-Respondent, v. … for summary decision and directing WWC to re-designate or decommission its original water well; and denied WWC's motions … E. coli. In October 2010, NJDEP issued WWC a Notice of Non-Compliance, citing violations of the New Jersey Safe …
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… three); second-degree possession of a firearm during the commission of a drug offense, N.J.S.A. 2C:39-4.1(a) (count … handgun were both operable. The manager of the apartment complex said that defendant was not a tenant on the lease, … a "probability sufficient to undermine confidence in the outcome" of the proceeding. Ibid. III. Defendant argues he was …
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… DOCKET NO. A-4404-15T4 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION … summary judgment to plaintiff, Deutsche Bank National Trust Company as Trustee of the Residential Asset Securitization … 1, 2008. On April 9, 2009, IndyMac filed a foreclosure complaint against defendants. On August 10, 2012, the …
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… We affirm. I. On November 5, 2014, plaintiff filed a complaint in the trial court alleging that on November 25, … street to board the bus. Plaintiff stated that water was coming up into the street from under the ground and ice had … the street in the crosswalk. Plaintiff said water "was coming up from the area where the black ice was." There was …
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… following a referral for physical abuse after S.A. complained of pain after being beaten with an extension cord … January 2016, at which time he was returned to L.D. At the compliance hearing held on February 18, 2016, L.D. was … ordered to participate in family therapy with S.A. and to commence trauma focused therapy for him. At the August 2, …
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… OFFICE ASSOCIATES, LLC, and PHILLIPS ASSET MANAGEMENT, COMPANY, INC., Defendants-Respondents. … argued the cause for respondent Phillips Asset Management Company, Inc. (Fishman McIntyre Berkeley Levine Samansky, … Associates, LLC (WCOA), and Phillips Asset Management Company, Inc. (Phillips). We affirm. I. The pertinent facts …
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… McGee, Zucaro, and their businesses unraveled, and McGee commenced an action against Zucaro that was 1 This check was … (collectively, "plaintiffs") filed a third- party complaint (the "complaint") against Botton and Santander Bank. Specifically, …
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… OAL for consideration. The ALJ issued an initial decision recommending an award of accidental disability retirement … The Board's expert, Dr. Andrew Hutter, opined petitioner complained of muscle sprain and strain, which did not render … disabled as a direct result of the 2007 accident. The ALJ recommended granting accidental disability retirement …
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… v. DMH2, LLC, a New Jersey Limited Liability Company, and PLANNING BOARD OF THE TOWNSHIP OF VERONA, … had a conflict of interest because he had ex parte communications with DMH2. The engineer did not deny having … was five to four. A-2051-16T4 3 Plaintiff filed a complaint in lieu of prerogative writs challenging the …
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… amended to third degree. In exchange, the State agreed to recommend a three-year probationary term with 180 days 3 … more favorable plea deal. The judge concluded there was no competent evidence that plea counsel rendered ineffective … the following contentions: I. The Time Bar to PCR is Overcome by Excusable Neglect and Fundamental Injustice. A. …
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… (1) an October 24, 2014 order denying his application to compel his entry into the pre-trial intervention program … entered an order denying defendant's application to compel his admission into PTI over the prosecutor's … then testified that she was directed to have her husband come down to speak with the police. When her husband came …
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… USE OF A DEFENDANT'S PRE-ARREST SILENCE, AND PROVIDED AN INCOMPLETE AND DEFECTIVE CHARGE ON THE USE OF A DEFENDANT'S … permit trial judges to choose from a broader set of remedies to address Batson /Gilmore violations on a case-by-case basis. Those remedies include dismissing the empaneled jury member(s) and the …
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… Ibid. The Court "refer[red] to the Criminal Practice Committee the preparation of a rule for [its] consideration … principles, we agree with the trial judge that the State complied with the dictates of Rule 3:11(a). The robbery was … in their identifications. In addition, Officer Bay completed a written Showup Identification Procedures …
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… An individual (the 9-1-1 caller) and four people (her company) were sitting on her porch. The 9-1-1 caller … men to remove themselves from her car, and three of the men complied. The fourth man, a dark- skinned male, was wearing … minutes, and then walked up her driveway, toward her company, waved a gun at them and threatened them. Upon …
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… but Junior was hyperactive and he did not respond to oral communications. 4 A-1018-15T2 The officers also contacted … the fact-finding hearing, the court conducted a series of compliance reviews. Jerry and Martha underwent drug … from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). N.J.S.A. …
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… the basement and seized 307 plants. Defendant presented a competing version of events through two witnesses — a cousin … had Bruno repeat the hearsay evidence about which he now complains: Q So, Mr. Brooks says to you, you know what's … cases involving parole and probation revocation and civil commitment — to the extent they stand for a limitation on …
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… administered first aid and detected an odor of alcohol coming from defendant. Within fifteen to twenty minutes of … WAS NOT OBTAINED THROUGH CONSENT AND THE STATE CANNOT OVERCOME THE WARRANT REQUIREMENT THROUGH EXIGENCY []. POINT II … 7. "As the United States Supreme Court has recognized, 'a "compelled intrusio[n] into the body for blood to be analyzed …