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… consent to submit to a breath sample, and waiting the requisite twenty-minute observational period,1 the officer … appeal followed. On appeal defendant presents the following points for our consideration: POINT I [OMITTED] POINT II … THE RECORD TO FIND THE DEFENDANT GUILTY ON DE NOVO APPEAL; COMPARISON OF THE ACTUAL EVIDENCE TO THE COURT'S INDEPENDENT …
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… trial. We affirm. I. On December 6, 2020, defendant and a companion, Michele Carkhuff, arrived unannounced at Sarah … with defendant, hesitated to admit them. Because Carkhuff complained of a toothache, Conrad allowed them inside so … to prevent or interfere with the formation of the requisite intent or mens rea. We now hold that all mental …
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… to dismiss counts two and three. The State also agreed to recommend a sixteen-year term of incarceration subject to the … ordered it. Defendant acknowledged and signed the requisite plea and NERA forms. 3 A-2495-22 The same judge who … and denied the PCR petition. Defendant raises the following points on appeal: POINT I – THE PCR COURT ERRED WHEN IT …
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… (count three). Prior to trial, a motion judge rendered a comprehensive written decision denying defendant's request … are as follows. Detective Tiffany Lenart worked in the Computer Crimes Unit of the Monmouth County Prosecutor's … August 2, 2021 (Jul. 16, 2021) (https://www.njcourts.gov/sites/default/files/notices/2021/07/n210716b.pdf). 14 …
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… his physically and sexually aggressive behavior in the community and in this correctional setting." Upon his … and that his overall RRAS score should be reduced by three points. However, the State disputed J.S. was entitled to any … based on his "moderate risk . . . score of [seventy] points." Judge Nocella initially concluded that J.S.'s RRAS …
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… forensic test revealed no evidence indicative of a completed sexual assault. Responding officers found two … not seek the death penalty. The State further agreed to recommend a life sentence, with thirty-years of parole … for each murder count. Additionally, the State agreed to recommend that a sentence of twenty-years with ten-years of …
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… fourth-degree possession of a radio to intercept emergency communications while committing or attempting to commit a … made by the PCR court were not material. Defendant first points out that the PCR court mistakenly "concluded that the … for the purpose of fighting or baiting them]." Defendant points out that count six was dismissed and was not …
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… you want," and stabbed the victim. Defendant then told a companion, "let's get out of here." The landlord of the … house. II On this appeal, defendant raises the following points of argument: POINT I: THE COURT ERRED BY DENYING THE … to disturb the conviction or the sentence. Defendant's points IV and V are without sufficient merit to warrant …
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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 … pro se supplemental brief, defendant argues the following points: POINT I THE STATEMENT ALLEGEDLY MADE BY DEFENDANT …
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… the officers pointed out that the store was in the opposite direction from her movements depicted on the videotape. … of her freedom. However, the court did not have the same "comfort level" with the October 22, 2009 statement. The … robbery, N.J.S.A. 2C:15; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; and fourth-degree hindering …
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… AND UNRELIABLE OUT- OF-COURT IDENTIFICATION AND THEN COMPOUNDED THE PROBLEM BY FAILING TO PROVIDE THE FACT … [DEFENDANT] DUE PROCESS AND A FAIR TRIAL. A. FAILURE TO COMPLY WITH DELGADO[1] RENDERED THE IDENTIFICATION … letter "M"; Romano asked him to call her when they could complete the transaction. Romano called the stored number …
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… immediately objected, and argued that the highlighted comment, which the prosecutor had not solicited, incorrectly … the strongest terms possible that you are to disregard that comment or that answer in its entirety. Do not consider it … summations to proceed in defendant's absence. As defendant points out, the State and federal constitutions guarantee a …
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… Plaintiff-Respondent, v. PLYMOUTH ROCK ASSURANCE INSURANCE COMPANY and JOSEPH CALDERONE, Defendants-Appellants, and … plaintiff was primarily pursuing Plymouth Rock Assurance Company ("Plymouth Rock"). In support of this … PER CURIAM Defendant Plymouth Rock Assurance Insurance Company appeals from the trial court's rulings on …
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… robbery, N.J.S.A. 2C:15-1, and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, after a jury trial on … did not know if G.W. heard the radio transmissions. G.W. accompanied Rabbit to another police station for a showup … said a prosecutor is permitted to respond in summation to points raised by defendant in summation. 249 N.J. Super. at …
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… expenses to plaintiff Camile Colarusso. We affirm. I. We commence our review with a brief discussion of well-settled … [m]otion in this regard is denied. Defendant correctly points out that as per the [FJOD], it is clearly stated that … appeal followed. On appeal, defendant raises the following points for our consideration: 2 We note a ten cents …
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… and twelve-year-old V.M. entered a park in Elizabeth accompanied by their mother, G.S.-M. (mother). J.M., who was … may infer that the defendant fled shortly after the alleged commission of the crime. The defendant denies any flight or … ENFORCEMENT AND EGREGIOUS ACTS OF RACIAL PROFILING. POINTS III: PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF …
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… was not properly tailored, and the prosecutor made improper comments in her summation. Having reviewed defendant's … in the living room. Anna took with her defendant's tablet computer, which he had earlier permitted her to use. Soon … months probation. II. Defendant presents the following points for our consideration: POINT I IN A CASE WHERE THE …
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… match was found in December 2006; defendant was deemed incompetent to proceed for a period of years; and the buccal … 4 A-5528-14T2 On appeal, defendant presents the following points in his counseled brief: POINT I THE DESCRIPTION OF … contention the State wrongfully implied he had a motive to commit robbery by repeatedly referring to his welfare ID …
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… her like 3 times[,]" then "walked off cussing." She also commented that the woman was bleeding, crying, and upset. … S.S. also addressed and reaffirmed this State's historical commitment to an individual's right against self- … to the United States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and …
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… NOT GUILTY. We have considered defendant's contentions in Points II and III in light of the record and applicable … R. 2:11-3(e)(2). However, we make the following brief comments. There was no plain error in the identification … evidence favorable to the State, and the judge did not comment on the State's evidence or strength of the State's …