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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2677-18T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RICKY ZUBER, … Essex County, Indictment Nos. 81-06-3729 and 81-06-3730. James K. Smith, Jr., Assistant Deputy Public Defender, … the trial court to conduct a second resentencing to comport with the Eighth Amendment of the United States …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1676-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BRIAN R. … while the air conditioner was running. Gloria made a comment to Linda, and Linda went to speak with defendant. As … an abuse of discretion. State v. Garcia, 245 N.J. 412, 430 (2021); State v. Higgs, 253 N.J. 333, 367 (2023) …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3380-23 STATE OF NEW JERSEY, Plaintiff-Appellant, v. TYJON A. … We address whether defendant satisfied his burden to overcome the strong deference provided to the issuing judge's … of a neutral judicial officer," citing State v. Jones, 308 N.J. Super. 15, 30 (App. Div. 1998). The State further …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2047-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RONALD J. … to take his children to school when his son noticed smoke coming from Terrulli's house. Garfunkle got out of his car … she wanted him to move out of her house, and around 4:30 a.m. the following morning on September 12, he began …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MONMOUTH … CRIMINAL PART INDICTMENT NOS. 00-09-1483 01-02-0229 STATE OF NEW JERSEY, Plaintiff, v. A.R., Defendant. Decided: … give effect to the Legislature’s intent.” State v. S.B., 230 N.J. 62, 67 (2017). Courts must first look to the …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1578-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOSEPH … During the homicide investigation, the State filed several communications data warrant (CDW) and search warrant … A search was conducted pursuant to the warrant. On October 30, 2019, a Hudson County grand jury charged defendant with …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0404-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BRYAN A. … residence turned up the driver's house keys, and a communication data warrant for defendant's cell phone … this plea agreement [he] would have been exposed to up to 30 years in the State Prison. Instead [he was] . . . exposed …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2111-21 STATE OF NEW JERSEY, Plaintiff-Appellant, v. RAHEEM C. REED, … appears to drop his hand to his waistband, in the area commonly used by an armed person to conceal a weapon. It was … "trial court's legal conclusions." State v. Lamb, 218 N.J. 300, 313 (2014). The Federal and State Constitutions …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2507-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MICHAEL ROWEK, … Defendant was not visibly injured. Police were summoned. Officer David Chieppa—who later testified at trial as the … He asked defendant for his driving credentials; defendant complied. Officer Chieppa noted defendant was "stumbling and …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5483-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. S.D.M., … apartment, causing them to retreat. Ultimately, officers communicating with defendant by telephone convinced him to … defendant's petition for certification. State v. S.D.M., 230 N.J. 512 (2017). Defendant thereafter filed a petition …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1282-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMES M. PENA, … When he and T.L. entered the backyard of the house around 9:30 p.m., she and two other women greeted them and engaged in … clothing, masks, cellphones, and other evidence of the commission of a crime, specifically robbery." The …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1105-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ZAINABU … squarely addressed the operation issue. The hearing commenced with the prosecutor explaining to the court that … operation element of the DWI charge, causing the State to offer a favorable sentencing recommendation 3 A-1105-23 to …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1684-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GEORGE … 2C:35-9(a). As part of the plea deal, the State agreed to recommend defendant's sentence not exceed thirteen years … (1984). [State v. Rayford, No. A-0271-19 (App. Div. June 30, 2020) (slip op. at 1).] 3 "The risk that the defendant …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2632-16T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GUAROA … for third-degree terroristic threats involving a threat to commit a crime of violence. Defendant contends: POINT I THE … from the facts provided. While defendant claimed he coincidentally saw the taxi driver, neither the State nor …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3207-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CARLOS D. … "snatch- and-grab" robbery outside the victim's apartment complex in Ocean Township. After ordering the appropriate … to sell the only two cellphones he had available for $1,130 and sent the individual his uncle's address so they could …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4929-14T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ZENG L. CHEN, … alleges that certain jury instructions were incorrect and incomplete and that his sentence was improper and excessive. … Michael Magliozzo of the Monmouth County Prosecutor's Office was assigned to the Major Crimes Bureau. He was …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4408-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANDREAS M. … cruel and unusual punishment. State v. Erazo, 254 N.J. 277, 305 (2023). After carefully reviewing the record in view of … a knife. The next day, the police found the child tied with computer cords and wrapped in a futon cover on a section of …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1795-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. D.C.-M.,1 … See State v. D.C.-M, No. A-1142-17 (App. Div. Jan. 30, 2020), certif. denied, 241 N.J. 382 (2022). The relevant … detailed in our unpublished opinion and in the PCR judge's comprehensive seventeen-page written decision. We …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2643-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GARY JONES, … Jersey, Law Division, Union County, Indictment Nos. 17-04-0304 and 17-04-0305. Michael Confusione argued the cause for … Luis noticed that the black object was a handgun. In the commotion, Luis slapped the handgun out of defendant's hand …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2874-16T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARK BROWNE, … chest, sides and back. He had six broken ribs. One arm was completely bruised from the shoulder to the elbow. He had … REFUSING TO ALLOW TESTIMONY ABOUT THE 911 CALL ON DECEMBER 30, 2012 REGARDING THE DOMESTIC VIOLENCE. POINT FOUR: THE …