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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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… H. Raksa, Assistant Attorney General, of counsel; Christopher R. Meyer, Deputy Attorney General, on the brief). PER … 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, …
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… away from the scene of the transaction and the police stopped him a short time later. A consent search of … 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 …
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… (Mary Potter, Designated Counsel, on the brief). Christopher S. Porrino, Attorney General, attorney for respondent … 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 …
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… No. 15-049. Michael A. Grasso, attorney for appellant (Christopher J. Grenda, on the briefs). Fredric M. Knapp, Morris … 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 …
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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. … and 171221186. Mary K. Benson, attorney for appellant. Christopher S. Porrino, Attorney General, attorney for respondent … for summary decision and directing WWC to re-designate or decommission its original water well; and denied WWC's motions …
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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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… on November 30, 2009, at approximately 2:00 p.m., Rice stopped at the Three Stooges Deli in Union Township to … 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 …
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… the car described by V.S., and he executed a motor vehicle stop. The police removed defendant from the car, and arrested … 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 …
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… could be lowered by up to 90 days served performing community service. L. 2002, c. 34, §17. 2 Additional … limited to determining the legality of the motor vehicle stop, the municipal court judge determined that the stop was … facts." Manalapan Realty, L.P. v. Manalapan Twp. Comm., 140 N.J. 366, 378 (1995). In Laurick, our Supreme …
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… Because our review of the record convinces us the errors complained of, either singly or in combination, did not … and that there was no indication in their diagnostic studies of any post-traumatic cause of their pain. As to Mr. … had suffered any prior injury to the parts of their bodies they claim were injured in this accident. Instead, the …
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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 … 190 N.J. 359, 374 (2007). As one leading commentator on the topic of conflicts of interest put it, "Would an impartial …
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… vehicular homicide charge was enacted after defendant committed his second-degree offense. In determining whether … enactment' or 'if it changes the legal consequences of acts completed before its effective date. '" Riley v. N.J. State … to the contrary, "we look to the date an offense was committed in determining whether a new law, which …
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… from a September 27, 2019 Law Division order dismissing her complaint and entering judgment in favor of defendant Auto … as true the facts set forth in plaintiff's five-count complaint and derive the following facts adduced at trial. … $1455 on the extended service contract to plaintiff. In her complaint, plaintiff contended that defendant committed …
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… interest. Monthly payroll deductions of $222.99 commenced on December 1, 1991 and terminated on 3 … loans are deemed distributions, which are taxable as income to the funds' members. 26 U.S.C. § 72(p)(1). Following … funds, which are a public trust, cannot on the theory of estoppel be permitted to aggrandize the specific statutory …
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… taking (counts three, eight, and eighteen); conspiracy to commit robbery (counts seven and seventeen); possession of a … inapplicable because defendant was the driver and did not commit the armed robbery, as was the case in his two prior … actual conduct has to be similar. Our [L]egislature made accomplice liability . . . practically the same as the actual …
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… Crane & Partners, PLLC, attorneys for respondent (Christopher Ford, on the brief). PER CURIAM In this residential … not cure his default, and on March 26, 2015, NRZ filed a complaint in foreclosure. Although defendant was served with … he did not file an answer or otherwise respond to the complaint. On May 27, 2015, default was entered against …
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… APPELLATE DIVISION DOCKET NO. A-2842-19 FRANK'S REALTY COMPANY, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT … Super Market, Inc. (Damien O. Del Duca and Laura M. D'Allesandro, on the brief). PER CURIAM Plaintiff Frank's … Div. 2000). As to the traffic and environmental impact studies, Vineland's zoning regulations for major site plan …
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… On appeal from the New Jersey Public Employment Relations Commission, PERC No. 2020-40. Angelo J. Genova argued the … cause for respondent New Jersey Public Employment Relations Commission (Christine Lucarelli, General Counsel, attorney; … of declining to consider before arbitration what remedies may be appropriate or enforceable if an arbitrator were …