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… possession of a handgun, and first-degree conspiracy to commit murder. Exum was found guilty of first-degree … was driving his girlfriend's car with defendant and Exum as passengers when they saw Pleasant, an "op[p]"—meaning … arguments raised in defendant's initial merits brief in the order presented. A. 21 A-0554-20 Defendant contends his …
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… be-on-the-lookout (BOLO) description of the person who had committed a robbery in the vicinity just minutes earlier. … State acknowledges it does not know why the police dispatcher included a racial description of the robber in the BOLO … 12 the officer used the ATM immediately before he did and passed him while exiting the bank. Id. at 485. Segars …
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… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 18-03-0293. Scurato Law LLC, … broke up again in September 2017, but they continued to communicate. According to the victim, defendant did not … . . . caused him to involuntarily waive his rights in order to have medical attention." Judge Clark rejected …
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… Detective Long did not have the "education or the prerequisite" to be an expert in the "Supreme Language." In … purpose of the interrogation is to establish or prove past events potentially relevant to later criminal … are within the discretion of the trial judge." State v. Scherzer, 301 N.J. Super. 363, 434 (App. Div. 1997). Further, …
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… followed defendant while speaking with a police dispatcher. Defendant then "ran off the road into [a] Popeyes … open the door to such aspersions "by simply trying to discredit the State's case." State v. Acker, 265 N.J. Super. … grossly excessive speed on a two-lane State highway while passing other vehicles and going around blind curves ." …
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… to third-degree conspiracy to July 23, 2018 A-2058-15T3 2 commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2, and … it deprived him of fundamental fairness. Furthermore, the passing reference to defendant's criminal history did not … at 357. That includes prior bad act evidence. See State v. Scherzer, 301 N.J. Super. 363, 428- 29 (App. Div. 1997); …
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… and what the parties termed a lesser included disorderly persons offense of simple assault. When the court asked counsel for comments on the proposed jury instructions, defense counsel … to K.A.’s report. A DCPP caseworker, Jacqueline Alvarez, visited defendant’s home and conducted interviews with the …
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… but not limited to, a bus, light rail vehicle, railroad locomotive, railroad car, jitney, trolley car, subway car, … … endangers or obstructs the safe operation of motor vehicles by casting, shooting, throwing or otherwise placing any … ferry, airplane or other facility of transportation. In order for the defendant to be found guilty of interfering …
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… that the occupants were a man and a woman and let them pass. Sergeant Horan testified that as he continued on, a … and Myers was in the rear passenger-side seat. The dispatcher advised Horan that the vehicle had been reported … the denial of the motion to suppress, resulting in opposite Appellate Division outcomes. In Myers’s appeal, an …
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… that the occupants were a man and a woman and let them pass. Sergeant Horan testified that as he continued on, a … and Myers was in the rear passenger-side seat. The dispatcher advised Horan that the vehicle had been reported … the denial of the motion to suppress, resulting in opposite Appellate Division outcomes. In Myers’s appeal, an …
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… the defendant’s arrest photo closely resembled a composite sketch of the defendant should not have been allowed … was significant enough that Detective Quesada’s passing references to defendant as “the defendant” do not … in comparing the sneakers. Indeed, the jury was free to discredit Detective Quesada’s testimony and find that the …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS … is employed by East Brook Middle School as a fifth grade teacher. On May 17, 2018 on Route 80 West in Mount Olive, New Jersey, plaintiff was a passenger on a school bus which was returning to East Brook …
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… to six incidents: (1) the June 24, 2010 armed robbery of a Cherry Hill resident in his home, where the victim was left … and that certain sentences arising from crimes committed in the same criminal episodes should run … “suggested that the jury would only reach the issue of passion/provocation if it found the defendant guilty of …
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… waited at the restaurant a silver Chevrolet Malibu slowly passed the chicken shack, as captured by the restaurant’s … followed in a black Cadillac. He also asked the jury to discredit her testimony because “she [didn’t] see all the … into evidence and the prosecutor’s remarks were fair comment on the evidence. During deliberations, the jury sent …
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… the presumption.” [Ibid. (quoting Pantasote Co. v. City of Passaic, 100 N.J. 408, 413 (1985)(citations omitted)).] The … presented to determine if either party has met the requisite burden of proof. B. Highest and Best Use In determining … supply and demand characteristics of alternative uses. See, Cherry Hill, Inc. v. Township of Chery Hill, 7 N.J. Tax 120, …
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… numbness that became "stabbing sharp pains." Dr. Vega recommended physical therapy. On July 25, 2012, plaintiff saw … 391, 404-05 (App. Div. 2012), and that "'there was no spasm present.'" Blanks v. Murphy, 268 N.J. Super. 152, … not cite N.J.R.E. 803(c)(7) or attempt to meet its prerequisites. In any event, in denying defendants' motion for a new …
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… she found embarrassing. A close friend of Bonnie’s mother visited the family apartment and found defendant lying on top … her mother that defendant had “been raping [her] for the past year and a half.” Bonnie made a statement to the … be unusually achieving and popular, eager to please both teachers and peers.” Ibid. The spectrum of accommodation, thus, …
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… Errors Warrants Reversal. POINT II – THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN ADVISING THE JURY TWICE THAT … the sentence in the course of instructing the jurors "in order for you to determine whether the defendant was in … the image of the witness and hears "'all of the animation, passion, or sympathy originally conveyed'" in the witness's …
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… apartment building in Woodbury. Bullock was found with a computer keyboard cord tied around her neck, and it was … and sentenced defendant to eighteen months. The court ordered that the sentences be served concurrently. At a … 460 (2002) (alterations in original) (quoting State v. Papasavvas, 163 N.J. 565, 625 (2000)). Defendant argues he was …
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… August 22, 2017 2 A-4432-14T1 injured victim, and petty disorderly persons mutual fighting. For those offenses, the … three); and two counts of second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and 12-1(b)(1) … from Cape May County, came to the concert on a fifteen-seat passenger bus. While one of the first group's members, Ryan …