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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1545-17T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LARRY FLEMING, … offer, the Court could impose a more severe sentence than recommended by the plea offer, up to the maximum sentence … 180 N.J. 171, 187 (2004) (quoting State v. Carter, 85 N.J. 300, 314 (1981)). Here, Judge Massi correctly denied …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1786-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. HEMAL … denied defendant's petition for reasons stated in an accompanying written opinion. The judge found that the motion … resulting "sentence [is] rendered illegal." State v. Pena, 301 N.J. Super. 158, 163 (App. Div. 1997) (citing Mitchell, …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2827-16T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. VINCENT … in counterfeit United States currency. Law enforcement officers also seized drug paraphernalia and heroin from the … guilty to first-degree racketeering, and the State would recommend a ten-year NERA sentence. On the same date, …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1142-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHARLES … On February 5, pursuant to his Megan's Law obligations, he completed his annual verification and registration … is deemed sufficiently stated." State v. Schenkolewski, 301 N.J. Super. 115, 137 (App. Div. 1997). "The quantum of …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4211-17T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. HANSLEE NANCE, … LAW 3 A-4211-17T3 REGARDING WHEN AN ADVERSARIAL PROCEEDING COMMENCES AND THE RIGHT TO COUNSEL ATTACHES. C. FAILURE OF … State v. Doro, 103 N.J.L. 88, 93 (1926)). Here, the Office of the Public Defender was assigned to represent …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2874-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHARLES … is limited. R. 1:36-3. 2 A-2874-21 years in prison with community supervision for life (CSL), N.J.S.A. 2C:43-6.4, in … finding it "statutorily time-barred, as it ha[d] been more than five years since the date of sentence" and defendant …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0628-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JALIYL AMAKER, … to an evidentiary hearing and the defendant "must do more than make bald assertions that he was denied the effective …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5579-15T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BENIGNO … was convicted after a jury trial and was sentenced to 300 days in prison, with a mandatory six-month period of … TO THE JURY'S FUNCTION AND DEFENDANT'S FAILURE TO COMPLY WITH THE JUDGE'S WARNING SUGGESTED THAT HE HAD …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4673-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MELVIN RAINEY, … He classified Foster's death as "a homicide," rather than an accident, because she was not taken to a hospital … of Foster's death. He also stated that survivability was "a complex issue which depend[ed] on a variety of factors[;]" …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1016-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. AFRIM TAIRI, … men admitted framing defendant in "three 'home invasions' committed during September and November 1995." State v. … trial." 180 N.J. 171, 187 (citing State v. Carter, 85 N.J. 300, 314 (1981)). "We review a motion for a new trial …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0410-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOEY RICHBURG, a/k/a 93001124001 JOEY, RICHBURG JOEY and THE HAT, … assistance of counsel (IAC) "due to counsel's fail[ure] to communicat[e]." In an unsigned certification, defendant …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2012-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CRUZ MARTINEZ, … is good cause for referral of defendant's second PCR to the Office of the Public Defender and to consider the … PCR counsel. According to defendant, PCR counsel failed to comply with Rule 3:22-6(d) by advancing PCR arguments …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3998-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KEITH V. CUFF, … argues that his aggregate sentence is unfairly disparate in comparison to the sentences of his co- defendants; his trial … and sentences. State v. Cuff (Cuff II), 239 N.J. 321, 328-30 (2019). Because those opinions detail the facts, we …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2214-17T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SAEED COUSAR, … The Strict Requirements To Be Admissible To Demonstrate Common Scheme Or Identity. C. BECAUSE THE VOLUME AND DETAIL … Id. at 341 (quoting State v. Stevens, 115 N.J. 289, 304 (1989)). Here, after conducting an N.J.R.E. 104 hearing, …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3664-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMIL HILTON, … v. Burney, 255 N.J. 1 (2023), and State v. Allen, 254 N.J. 530 (2023). Having considered these arguments in light of the … (a) A person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle . . . [that …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0059-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ERIK JONES, … stated by Judge Patrick J. Arre, we affirm with only brief comments. Defendant was indicted for first-degree murder, … subject to ten years parole ineligibility as a persistent offender, N.J.S.A. 2C:43-6(c) and 2C:44-3(d), among other …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3011-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. HECTOR S. … defendant Hector S. Alvarez of second-degree conspiracy to commit robbery and fourth-degree attempted theft as a …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4449-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MELSI PAJO, … with first-degree attempted murder, a number of weapons offenses, and hindering apprehension. Pursuant to a … a written opinion, R. 2:11-3(e)(2), adding only a few brief comments. As the PCR judge observed, defendant did not seek …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2432-16T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOSE D. … for his convictions under the 2015 indictment, and recommend an aggregate sentence not to exceed seven years with … Robinson, 200 N.J. 1, 20 (2009); State v. Arthur, 184 N.J. 307, 327 (2005); Nieder v. Royal Indem. Ins. Co., 62 N.J. …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3000-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RAHJIV SMITH, … defendant argues we should extend the reasoning in State v. Comer, 249 N.J. 359 (2022), which granted certain juvenile …