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njcourts.gov
… "A defendant may rebut the presumption by 'showing compelling reasons justifying the applicant's admission and … 252). The circumstances presented by defendant were not so compelling as to rebut the presumption against PTI. "[T]he … by evidence. In any event, "[a] prosecutor is certainly free to disbelieve statements 10 A-2812-15T1 presented by …
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njcourts.gov
… Board of Adjustment of the Township of Chatham seeking site plan approval and several variances. Plaintiff required … for the reasons stated by Judge Stuart A. Minkowitz in his comprehensive, twenty-three page statement of reasons … we recognize, as did Judge Minkowitz, that defendant "was free to either accept or reject the testimony of those …
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njcourts.gov
… 1 "An 'open plea' [is] one that d[oes] not include a recommendation from the State nor a prior indication from the … approached by a police officer would not reasonably feel free to leave, even though the encounter falls short of a … suspicion that an offense . . . has been or is being committed." State v. Bacome, ___ N.J. ___ (2017) (slip op. …
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njcourts.gov
… driver. Defendant's childhood friend, an employee of the company for which defendant worked and the person who had … was driving, along with other pallets containing the company's regular cargo. The friend's belongings included … have led to such terrible consequences. And there are no free crimes, as Yarbough says. And as I said, [d]efendant is …
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njcourts.gov
… R. 1:36-3. December 28, 2017 2 A-4376-16T2 motion to compel a buccal swab, and granting the defense motion … we use initials. 3 A-4376-16T2 seen the victim in the company of a "violent Mexican male" the night before police … articulating detailed findings of credibility, we are not free to make our own credibility determination. State v. …
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njcourts.gov
… Cadillac SUV, make a turn into the parking lot of a housing complex without signaling. As the car turned, Palach … believe defendant's vehicle contained contraband, they were free to search anywhere in the vehicle where "there [was] … from the car, arrested, or otherwise restricted in their freedom of movement.'" Id. at 428 (quoting Alston, supra, 88 …
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njcourts.gov
… was recorded on November 5, 2008. On the same date, after complying with the notice requirement of the Fair Foreclosure Act, N.J.S.A. 2A:50-56, Aurora filed a complaint for foreclosure against defendant.1 On December 9, … property: the opportunity to purchase [his or her] property free and clear of all existing liens." Id. at 507. However, …
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njcourts.gov
… These contentions lack merit and warrant only brief comment. We address at greater length defendant's argument … with his trial counsel. A defendant is entitled to conflict-free representation. But, he may not profit from undermining … State had not demonstrated each element, including the requisite state of mind, of burglary or criminal mischief.2 2 …
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njcourts.gov
… N.J.S.A. 17B:27-44.2(d) (group health insurance companies); N.J.S.A. 17:48-8.4(d) (hospital service … On October 17, 2017, Dr. Vitale and the NJDA submitted comments to the rule proposal. They asserted that the … states that: (1) [a] payee without notice takes payment free of a restitution claim to which it would otherwise be …
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njcourts.gov
… are performed. 1 See R. 2:2-3(a)(3) (deeming an order compelling or denying arbitration "a final judgment of the … for proposals (RFP), seeking a qualified energy services company (ESC) to perform the services of a general … agreement. This is so even when the contract on its face is free from ambiguity." Conway v. 287 Corp. Ctr. Assocs., 187 …
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njcourts.gov
… order denying her motion to dismiss the custody matter commenced by plaintiff, P.H., the father of the parties' … in South Dakota until 2015. Plaintiff periodically visited them there, although defendant alleged the visits were … exclusive, continuing jurisdiction, South Dakota courts are free to exercise jurisdiction without trampling upon New …
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njcourts.gov
… third-degree offenses for sentencing purposes, and to recommend concurrent four-year flat sentences on counts one … sentence on count five. Defendant would be required to comply with Megan's Law and be placed on Parole Supervision … would like to state that I am writing this letter on my own free will, no one is forcing me. The purpose of this letter …
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njcourts.gov
… by yelling "No, fuck you." All of them ignored his command.2 Devlin remained outside the residence and waited … that "defendant should have been aware that his right to freely move had been restricted at this point." The court … to provide [credentials]," leaving an officer free to conduct a credentials search while the motorist is …
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njcourts.gov
… MEEKINS, Petitioner-Appellant, v. STATE HEALTH BENEFITS COMMISSION, Respondent-Respondent. _________________________ … and Vernoia. On appeal from the State Health Benefits Commission, Department of the Treasury. Michael P. DeRose … In Barron, we held N.J.S.A. 52:14-17.32(c)(1) provides that free medical coverage shall be provided to any "retired …
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njcourts.gov
… of domestic violence, leading to the filing of cross- complaints for divorce. On September 26, 2019, the court … 3 A-0262-20 defendant to divide the funds "as soon as it becomes practicable for the [qualified domestic relations … during the school year, stating that "[t]he parties are free to expand and modify parenting time arrangements in the …
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njcourts.gov
… a 50% owner of a business and his "gross annual earned income from his business ha[d] been approximately $1,100,000 … (App. Div. 1994). A party to a contract possesses the requisite capacity when the party has "the ability to understand … 466, 470 (App. Div. 2002) (explaining a trial judge is free to accept or reject expert testimony), and she did not …
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njcourts.gov
… Barley and Juan Dunlap with second degree conspiracy to commit armed robbery and/or burglary, N.J.S.A. 2C:5-2 (count … even find him in either 2 Although not raised here, we are compelled to point out that an acquittal of unlawful … conduct of criminal trials. Further, a grand jury must be free to pursue its investigations unhindered by external …
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njcourts.gov
… conclude plaintiffs are entitled in these circumstances to communicate with defendants' insurer and, if necessary, file … whether, in these circumstances, the court should have compelled defendants to tender the claim to their insurer. … 310 N.J. Super. 168, 175 (App. Div. 1998). Insureds may be free to run that risk for themselves – as the trial judge …
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njcourts.gov
… the allegations that he possessed child pornography on his computer, and that some of that pornography was available for download by other users of a peer-to-peer computer network. The events leading to the indictment … of all of the witnesses, including Singley. Each juror was free to determine whether Singley's description of a …
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njcourts.gov
… patrol. The officers passed defendant driving in the opposite direction and noted he was not wearing a seatbelt. The … watch, he saw a zipper sealed bag sticking out of a second compartment beneath the first compartment of the car's … to open the trunk. Once that occurred, the trooper was free to act on the basis of what his senses revealed. [Id. …