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… was liable for the repayment of $21,041 in unemployment compensation received during a period she was not eligible … N.J. Super. 401, 409 (App. Div. 2001). This is a prerequisite appellant is unlikely to satisfy. Here, a formal … and it is in fulfillment of that duty reimbursement must be ordered. Brady, supra, 152 N.J. at 212 (quoting Yardville …
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… failure to expand on his reasons for the sentence, and to order a mental health evaluation before imposing the … by a guard stationed at the security gate of an apartment complex that there was a suspicious vehicle in the rear. … was found in a baby's sock located in the pouch behind the passenger seat. The vehicle's other occupants included …
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… Alfred awoke to her blows and the two engaged in mutual combat. Katie was holding Adam during the fight. The parties … was trying to get out of the house. He forced his way past [Katie] during that time and whether the baby fell out … 161, 181 (1999). "Whether the parent has exercised the requisite degree of care is to be analyzed in light of the …
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… Locurto, 157 N.J. 463, 471 (1999). The rule of deference is compelling where, such as here, the municipal and Law … evidence – as long as it is competent and meets the requisite standards of proof." State v. George, 257 N.J. Super. … Operators, defendant refused to submit to the Alcotest in order to provide breath samples. In its oral decision, the …
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… the same sentence, which our court affirmed in an order in December 2017 on the excessive sentencing calendar. … sound reasons expressed by Judge Lydon. We add a few brief comments. 6 A-0743-19 The central issue raised here concerns … State v. Deatore, 70 N.J. 100 (1976) is particularly inapposite because that case involved a far different scenario in …
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… vulnerable to the effects of corrosion and deterioration compared to more commonly used fastening alternatives for … and that the moving party is entitled to a judgment or order as a matter of law." R. 4:46-2(c). "If there is no … Div. 2002). The duty owed to a business visitor "'encompasses the duty to conduct a reasonable inspection to …
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… PER CURIAM Defendant Rasool W. McCrimmon appeals from an order denying his petition for post-conviction relief (PCR) … however, he was seventeen years old when the crimes were committed between June 1996 and January 1997. More … convictions. According to the Department of Corrections website, defendant was sentenced on: August 13, 2007 to an …
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… as the robber from a photo array. On July 21, 2019, a complaint warrant was issued for defendant's arrest. On … testimony, the judge denied defendant's motion in an order and oral opinion.2 On March 26, 2021, defendant … sufficient credible evidence in the record." State v. Coles, 218 N.J. 322, 342 (2014) (quoting State v. Hinton, 216 …
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… robbery, N.J.S.A. 2C:15-1(a)(2); three counts of the disorderly persons offense of simple assault, N.J.S.A. … brings a sleeping juror to the judge's attention. State v. Scherzer, 301 N.J. Super. 363, 491 (App. Div. 1997). If the … aggravating and mitigating factors that are supported by competent credible evidence in the record. Assuming the …
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… attic. 4 A-2917-18T4 possession of a firearm during the commission of a CDS offense, in violation of N.J.S.A. … the flash-bang device, it would have been discovered regardless of the deployment of the device. The flash-bang device … the New Jersey Supreme Court in Fritz, 105 N.J. at 58. In order to prevail on a claim of ineffective assistance of …
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… 120-day administrative segregation sanction, 60-day loss of commutation time, and 10-day loss of recreational … "We defer to an agency decision and do not reverse unless it is arbitrary, capricious[,] or unreasonable or not … be employed to ensure the maintenance of security and the orderly operation of all adult county correctional …
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… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 03-01-0067. Joseph E. … gain entry and secure the premises. The PCR court issued a comprehensive well-reasoned oral decision on May 18, 2017. … Supreme Court in State v. Fritz, 105 N.J. 42, 58 (1987). In order to prevail on a claim of ineffective assistance of …
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… for Buena Vista Township. Cabrera received a copy of the complaint from the reporter via fax and, while reading … of Review, 299 N.J. Super. 346, 348 (App. Div. 1997). "Unless . . . the agency's action was arbitrary, capricious, or … responsibility to do what is necessary and reasonable in order to remain employed." Domenico, 192 N.J. Super. at 288. …
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… appeals, following a fact-finding hearing, from an order of the Family Part finding that he inflicted excessive … 3 A-2719-18T3 black and blue eye. He told his teacher—although initially reluctant—that his father hit him in … care, custody and supervision of him. The Division filed a complaint under N.J.S.A. 9:6-8.21(c) against Daniel alleging …
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… "the driver was a black male with [dreadlocks], and the passenger was also a black male that possibly had a gun in … outside of the vehicle." Twerdak exited his patrol car and ordered all four individuals to the rear of the vehicle to … probable cause that a criminal offense ha[s] been committed and that additional contraband might be present." …
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… CURIAM Defendant C.J.M.-G. appeals from a February 19, 2019 order denying his petition for post-conviction relief (PCR). … he failed to show how it would have altered the outcome of the trial and appeal. In addition, the judge noted … A-3412-18T1 Ms. Christina Pelaez recalls that [C.J.M.-G.] visited her during the week of Thanksgiving in 2012. Ms. …
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… Luis Diaz appeals from the trial court's December 12, 2019 order denying his petition for post-conviction relief (PCR) … robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, 2C:15-1; second-degree … his co-defendants and his counsel was free to argue for a lesser sentence. Defendant, who was questioned by his …
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… well as her mother's family that her father was the one who committed the murder. Through counsel, defendant asserted … Supreme Court in State v. Fritz, 105 N.J. 42, 58 (1987). In order to prevail on a claim of ineffective assistance of … Our review of the record shows that PCR counsel submitted a comprehensive twenty-five-page brief in support of PCR. …
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… suspended defendant's driving privileges for ten years, ordered him to spend forty-eight hours in an intoxicated … a single vehicle "wedged up on the side of the road," its passenger-side tires flat and "ground into the curb" or … not defendant. Earlier that evening, her daughters had come to her house to wish her a happy birthday, which was …
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… contentions in light of the record, and applicable principles of law, we affirm. In 2009, defendant and four … and Maria. Jimenez stated he was told either by the phone company or an assisting investigator that phone records were … Supreme Court in State v. Fritz, 105 N.J. 42, 58 (1987). In order to prevail on a claim of ineffective assistance of …