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… 2C:18- 2(b)(2) (count five); second-degree conspiracy to commit armed burglary, N.J.S.A. 2C:5-2(a)(1) and 2C:18 … assist officers from the Bergen County Sheriff's Department process the scene. Inside the apartment, the officers … analysis of several variables. Id. at 288-89. However, "the ultimate burden remains on the defendant to prove a very …
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… The remaining counts and related charges would be recommended for dismissal. As far as the recommendation … to this court challenging the sentence under the summary process available in Rule 2:9-11. The appeal came for oral … or factual basis to disturb Judge Podolnick's findings and ultimate decision to deny defendant's PCR petition. …
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… an argument that the trial judge did not adequately cure comments by the prosecutor that "portrayed the defendant and … he contended that his attorney failed to raise issues about comments made by the prosecutor during closings about … [a]ssessing IAC claims involves matters of fact, but the ultimate determination is one of law." State v. Harris, 181 …
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… defendant whittled down plaintiff's original ten-count complaint to two counts: defamation/slander (count one) and violations of the Telecommunications Act (TCA), 47 U.S.C. §§201 -231, and Federal … and findings of fact and then substitute her own. Ultimately, the jury's "feel of the case" controls the …
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… Vasquez, but then "spun right in front of [him, and began] coming straight in [his] direction, coming quick." Because the car was coming at him, Vasquez … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… from a September 27, 2019 Law Division order dismissing her complaint and entering judgment in favor of defendant Auto … as true the facts set forth in plaintiff's five-count complaint and derive the following facts adduced at trial. … the exhibits. There is no evidence regarding what price it ultimately sold at. The trial court found plaintiff was not …
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… challenges his conviction of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5–2, N.J.S.A. 2C:15–1(a), and … TO REQUEST A RENUNCIATION CHARGE FOR THE CONSPIRACY TO COMMIT ARMED ROBBERY CHARGE. POINT II THE PCR COURT ERRED IN … argument for a change in the law, even if that argument ultimately succeeds in another case. See Bullock v. Carver, …
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… to defendant. The Law Division judge issued a thorough, comprehensive, and cogent opinion denying defendant's … States Constitution provides that "no person should be compelled in any criminal case to be a witness against … reduction from the forty years first imposed. We leave that ultimate decision to the judge's discretion. A court can …
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… IN DENYING THE MISTRIAL MOTION BECAUSE OFFICER WILSON'S COMMENT THAT [W.B.] WAS RECENTLY IN JAIL WAS SO PREJUDICIAL … was instructed three times regarding the neutralization process, and thus found no prejudicial error. 44 N.J. at … here in court regarding two specific things (1) that ultimate question, right, for the burglary charge, did the …
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… was held by a family corporation, to a limited liability company wholly owned by Bharat. The circumstances leading to … the Court ruled for Amratlal,3 holding the burden to overcome the "presumption that the transferred property was a … negotiated between Bharat and the Administrator. Ultimately, they agreed upon a $4 million sale price for the …
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… not cure his default, and on March 26, 2015, NRZ filed a complaint in foreclosure. Although defendant was served with process, he did not file an answer or otherwise respond to … which was granted on February 8, 2019. The Sheriff's sale ultimately was rescheduled for April 2, 2019, and on April …
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… Livingston Mall Venture (LMV) dismissing his complaint in lieu of prerogative writs in its entirety. We affirm for the reasons set forth in comprehensive twenty-four page written decision issued by … parties and these parties are in fact 11 A-2097-19 its ultimate beneficiaries." Gallo v. Mayor & Twp. Council of …
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… APPELLATE DIVISION DOCKET NO. A-2842-19 FRANK'S REALTY COMPANY, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT … on the brief). PER CURIAM Plaintiff Frank's Realty Company owned approximately thirty-three acres in Vineland … sale of plaintiff's property to Village. Those negotiations ultimately failed. On March 18, 2019, Village submitted an …
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… from the record. On December 15, 2016, plaintiff filed a complaint and jury demand on behalf of the estate of her … pain and discomfort and a decreased quality of life, and ultimately caused his death. 3 A-0700-18T2 At the start of … photograph in chambers, contending that it would bias the process. Thereafter, on the record, the judge noted that the …
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… Probable Cause that an Offense Has Been or Is Being Committed. B. There Was No Probable Cause that [Defendant] … ]grounded suspicion" that a crime has been or is being committed.'" State v. 5 A-1129-18T4 Sullivan, 169 N.J. 204, … liquor store described in the tip with the man to whom he ultimately transferred the suspected CDS. While we agree …
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… 1961, the Borough of Englewood Cliffs' Planning and Zoning Commission (the Commission) granted a three-lot subdivision … and, therefore, did not require a bifurcated approval process. He stated that only applications for "major … of the "well-being and the welfare of individuals who will ultimately become owners and occupants in the …
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… was originally named as a co-defendant in the guardianship complaint, that individual was not part of the trial … no one was home. The caseworker sent follow- up letters and ultimately rule-out letters to that same address. There was … stable home with the maternal grandmother throughout this process. The mother also argues that because the great …
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… criminal record and the violent nature of the crimes he committed when he assaulted and shot the victim in the leg. … PCR court heard oral argument and later issued an order and comprehensive written opinion in which it concluded that the … a second or subsequent PCR petition, including the court's ultimate decision. In addition to completing the order, …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2019-671. Mark T. … is limited. R. 1:36-3. 2 A-2770-19 PER CURIAM This workers compensation case arises from a trip and fall accident that … planning board meetings before approval issued. Saker ultimately repaved the front parking lot after petitioner's …
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… Center (Fair Share) that resulted in a conditional order of compliance approving the settlement and plan. The order was … was "no evidence . . . the [m]ayor participated in the process which resulted in" passage of Ordinance 19-04. The … resulted in formal or even informal action that was not ultimately subject to exposure in the sunlight of public …