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… guilty of third-degree arson, N.J.S.A. 2C:17- 1(b)(2), a lesser-included offense of the indicted crime, second-degree … address, phone number and social security number; defendant complied. The officer also asked defendant "if she knew … conversational manner, if he did not make demands or issue orders, and if his questions were not overbearing or …
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… In addition, defendant's front headlight assembly was "completely out." During the course of the motor vehicle … of blood, and that an additive was present in each vial in order to preserve the blood. Consistent with the protocol in … improper use of high beams, N.J.S.A. 39:3-60; and reckless driving, N.J.S.A. 39:4-96. The municipal court judge …
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… trial counsel was ineffective because she (1) failed to communicate with defendant and review discovery with her; … represented her, beginning after her indictment, counsel visited defendant "just three or four times," staying only … every effort to attempt to show that defendant acted in passion/provocation instead of knowingly or purposefully. …
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… to grant a new trial. 1 While the matter was pending, Davis passed away. The substituted plaintiff is "Tomikia Davis, by … Court's decision flatly "prohibiting ex parte post-verdict communications between trial judge and jurors." Davis v. … by established principles of law and reason . . . in order to obtain a just result." Ibid. (citing State v. Bunk, …
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… when he invoked his right to remain silent; his subsequent communications with the officers who came into the interview … the fight ended, the witnesses saw each man walk in the opposite direction. Defendant walked to his apartment, but … officers found defendant running through a backyard, and ordered him to stop. Defendant stopped, and was placed under …
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… was not properly tailored, and the prosecutor made improper comments in her summation. Having reviewed defendant's … arguments in light of the record and applicable principles of law, we affirm. However, we remand for the court to … assault, the court instructed the jury as follows: In order to convict the defendant of this charge the State must …
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… or lobby. The doors were usually unlocked. On the opposite side of the lobby was a door that opened into the … Martin as "Dice," and Everett as "Pop." 8 A-4546-12T3 passengers saw two people, one walking behind the other. The … in Artwell. Nothing in the record 8 In State v. Kuchera, 198 N.J. 482, 486 (2009), the Court exercised its …
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… second degree possession of a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.1a; and third … to Rule 3:5-7(d), defendant appeals from the trial court's order denying his motion to suppress the evidence seized … surveillance in the west end of the city[,]" an area encompassing Myrtle Avenue and Rock Avenue. Sylvester described …
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… a police officer. The civilian ignored Mogul's request to come to the front door. Mogul observed as the civilian … courts for generations.'" Thompson v. Bd. of Trs., Teachers' Pension & Annuity Fund, 449 N.J. Super. 478, 484 … and for which he has been trained will be unlikely to pass the 'undesigned and unexpected' test." Russo, supra, …
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… the scene. Del Rosario was prosecuted and convicted as an accomplice. On appeal, defendant raises the following … to identify the victim and witnesses in this matter in order to protect their privacy. 4 A-2708-14T3 police were … question by repeating the original instructions. State v. Scher, 278 N.J. Super. 249, 271 (App. Div. 1994). There was …
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… penetration during a robbery and against a physically helpless victim, N.J.S.A. 2C:14-2(a) and N.J.S.A. 2C:14-2(a)(7); … match was found in December 2006; defendant was deemed incompetent to proceed for a period of years; and the buccal … remarks were withdrawn promptly; and (3) whether the court ordered the remarks stricken from the record and instructed …
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… by the same theory; (2) the underlying facts are very complex; (3) the allegations of one count are either … 49, 58 (App. Div.), certif. denied, 182 N.J. 142 (2004). In order to do that, the reviewing court must "consider the … 319 N.J. Super. 1, 12 (App. Div. 1999) (quoting State v. Scherzer, 301 N.J. Super. 363, 486 (App. Div.), certif. …
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… CURIAM Defendant Javiel Toro appeals from a March 31, 2016 order denying his petition for post-conviction relief (PCR) … a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that …
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… Defendant Howard L. Ryan appeals from an April 27, 2016 order denying his petition for post-conviction relief (PCR) … or entice a minor into a motor vehicle with a purpose to commit a criminal offense with or against the child, N.J.S.A … between 7 A-4773-15T1 defendant and the officer. The principles of Miranda were not intended to hamper or inhibit police …
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… of the vehicle, a man brandishing a large knife exited the passenger-side door and ordered Ruiz to hand over his money. The attacker wore a … Martina and identified defendant in a photo array. Accompanied by Officer Martina, Ruiz identified the blue Honda …
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… police testimony, Brooks said the scales were kept in the passenger compartment. He did not explain why he possessed so many … question, 11 A-4062-15T3 that defendant had the requisite intent to distribute.3 In a supplemental brief, …
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… May 31, 2017 adjudication of delinquency for acts that, if committed by an adult would constitute first- degree … one time, and that's really all I have to determine in order to adjudicate him. I don’t have to find that it was … or with children under the age of eleven, and pay the requisite fines and penalties. As part of his sentence, C.G. 5 …
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… for life, Megan's Law registration, and a restraining order preventing him from having contact with the victim. … from the train station towards her apartment when she passed a man, later identified as defendant. Defendant tried … which he articulates as follows: POINT I – THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FIRST INSTRUCTING THE JURY AS …
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… the photograph was defendant. On October 6, 2015, Parada visited defendant at the Middlesex County Corrections Center, … FINDING THAT A TESTIMONIAL HEARING WAS WARRANTED AND THEN COMPOUNDED THIS ERROR BY INCORRECTLY EVALUATING THE SYSTEM … on the grounds that were discussed. The July 2, 2018 order granting defendant's motion to suppress the …
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… robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; first-degree robbery, … THE JURY EXPRESSLY FOUND THAT DEFENDANT DID NOT COMMIT RECKLESS MANSLAUGHTER, WHICH IS AN INDISPENSABLE COMPONENT OF … and carjacking convictions, the judge stated the factors in order, and applied a factual analysis and conclusion to …