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- CAMILE COLARUSSO VS. DAVID COLARUSSO (FM-02-0308-15, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… attorney was relieved on the day of trial; (3) imputing income to defendant David Colarusso, resulting in an … thorough written opinion. I. We discern the relevant facts and procedural history from the record. The parties … granted at that time, [plaintiff] would have had a month to get new counsel transitioned into [this matter]. I was ready …
- njcourts.gov… he subsequently pled guilty. We affirm. I. The following facts are derived from the record. On March 6, 2015, Salem … Simpkins knocked on the front door, someone inside said "come in.” Simpkins, while in full uniform, stepped inside, … his adult son in the room to the right and ordered them to get on the ground. Simpkins told defendant he had a warrant …
- STATE OF NEW JERSEY VS. ALBERT ZAYAT (009-03-17, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… reject this argument and affirm. I. We derive the following facts from the evidence adduced at the motion hearing. At … with defendant, Sanfilippo "smelled an odor of alcohol coming from him[,]" and saw that defendant was "swaying back … don't want my blood taken, I'm fine. I just really want to get out of here." A police officer was there, but she did …
- njcourts.gov… Lupo appeals from a May 2, 2016 order denying his motion to compel an inspection of defendant Albert H. Wunsch, III's … summary judgment because the court erroneously "found facts based on disputed evidence submitted and rejected … showing defendant represented plaintiff and Thimmel "together at the same time," and although defendant and …
- njcourts.gov… motion for reconsideration and dismissing Summit's complaint in its entirety. This dispute arose from a … Summit's arguments and affirm. I. We discern the following facts from the record, viewed in the light most favorable to … facilities such as Union and Newark when we succeed in getting them: Summit Resources Group will receive a fee of …
- njcourts.gov… and Gooden Brown. On appeal from the Police Training Commission and Civil Service Commission, Docket No. 2015- … and Boyer. After making credibility determinations and factual findings, Judge Ascione upheld the dismissal based … he can[,]" particularly since "Boyer knew that he might not get in timely at 7:16 a.m. when he sent the text message to …
- A-2424-20 Opinionnjcourts.gov… two additional days of credit. I. We discern the following facts and procedural history from the record.2 Defendant was … federal court determined that defendant would remain in the community pending the disposition of the Pennsylvania … and it was made clear to him at sentencing that he wasn't getting that additional time." We affirmed the trial court …
- A-1298-20 Opinionnjcourts.gov… to defendant and his counsel. Although the criminal acts committed against the victim caused her great emotional … here but my investigators are also well aware of the fact that as a tactical matter harassing a victim is not … of the assault. This video recording shows the same man "getting a haircut at a Bergenline Avenue barber[shop] and …
- A-1197-19 Opinionnjcourts.gov… "everything was going to be okay" and "[w]e just want to get him help." The suspect subsequently died after being … May 24, 2011 incident, appellant responded to an apartment- complex fire. After a woman advised appellant her husband … in the record; and (3) whether, in applying the law to the facts, the administrative agency clearly erred in reaching …
- A-4068-14T3/A-0376-15T3 Opinionnjcourts.gov… and Gooden Brown. On appeal from the Police Training Commission and Civil Service Commission, Docket No. 2015- … and Boyer. After making credibility determinations and factual findings, Judge Ascione upheld the dismissal based … he can[,]" particularly since "Boyer knew that he might not get in timely at 7:16 a.m. when he sent the text message to …
- A-1-21 Opinionnjcourts.gov… to defendant and his counsel. Although the criminal acts committed against the victim caused her great emotional … here but my investigators are also well aware of the fact that as a tactical matter harassing a victim is not … of the assault. This video recording shows the same man "getting a haircut at a Bergenline Avenue barber[shop] and …
- njcourts.gov… the Nissan on the driver's side so that that he could "get a closer look at [defendant's] eyes because he was … to detect the odor of alcohol." Eventually, defendant complied with Behnke's request to extinguish the cigarette. … more than twenty transcript pages. The judge made detailed factual and credibility determinations based on Behnke's …
- njcourts.gov… stated Owen's household, which included his son, had "no income," and that Owen "stopped working when the pandemic … for benefits but are not listed [in the notice], they will get a separate letter." At the end of August 2020, Owen was … learned from his attorney about Nixon's November 5 fax. In fact, in March 2021, after Owen had begun "to receive …
- A-5930-17T2 Opinionnjcourts.gov… 2 A-5930-17T2 trial court erred by charging the jury on comparative negligence and because of improper comments by … so incredibly close to ours that we were probably going to get in an accident. . . . And I screamed." Defendant beeped … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after …
- A-5282-18T2 Opinionnjcourts.gov… the representation less than adequate nor prejudiced the outcome. Thus, we reverse. The familiar Strickland v. … had previously represented one of the State's witnesses, a fact discovered only after the trial began. Counsel had … had failed to present all the relevant evidence than of getting any useful information from McCrary. Furthermore, he …
- A-1397-18T3 Opinionnjcourts.gov… claims that he "asked [his] trial counsel to attempt to get the investigation records, and any other related … Division records for exculpatory evidence.5 We review the factual findings made by a PCR court without conducting an … her August 20, 2018 written decision. We add the following comments. We apply the familiar two-pronged Strickland …
- A-0119-18T4 Opinionnjcourts.gov… [POINT III] THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING DEFENDANT'S CLAIMS OF … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Under those standards, we find … become a legal citizen and after she did she was trying to get [defendant] out of the picture." The report does not …
- A-5194-16T2 Opinionnjcourts.gov… reject this argument and affirm. I. We derive the following facts from the evidence adduced at the motion hearing. At … with defendant, Sanfilippo "smelled an odor of alcohol coming from him[,]" and saw that defendant was "swaying back … don't want my blood taken, I'm fine. I just really want to get out of here." A police officer was there, but she did …
- A-1732-16T2 Opinionnjcourts.gov… Lupo appeals from a May 2, 2016 order denying his motion to compel an inspection of defendant Albert H. Wunsch, III's … summary judgment because the court erroneously "found facts based on disputed evidence submitted and rejected … showing defendant represented plaintiff and Thimmel "together at the same time," and although defendant and …
- A-2633-18T1 Opinionnjcourts.gov… DIVISION DOCKET NO. A-2633-18T1 IN RE CLINTON TOWNSHIP COMPLIANCE WITH THIRD ROUND MOUNT LAUREL AFFORDABLE HOUSING … [their] preliminary determination[s] on need by the fact that all initial and succeeding applications will be on … would include a mix of market-rate and affordable homes. Together, the four sites anticipated 279 affordable homes, …