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… the search warrant and defendant had not met his burden to compel the State to reveal the identity of the informant … the grounds that defendant possessed a firearm during the commission of the offense and had been previously … appeal followed. On appeal, defendant raises the following points: POINT I AS MARIJUANA IS NO LONGER PER SE CONTRABAND, …
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… while defendant was in a liquor store. He used his in-car computer to check the vehicle's license plate, and … BOLSTERED. (Not raised below.) POINT II THE PROSECUTOR COMMITTED MISCONDUCT IN VOUCHING FOR THE CREDIBILITY OF A … arguments in turn. First, defendant contends that the companion cases, State v. Cain, 224 N.J. 410 (2016) and …
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… second-degree possession of a firearm during the course of committing a drug offense, N.J.S.A. 2C:39-4.1(a); … and when the officer told him to get on the ground, he complied. Stranahan searched defendant and found cash, three … conviction for possession of a firearm during the course of committing a drug offense. The trial judge sentenced …
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… offenses. He argues: POINT I THE JURY CHARGE REGARDING ACCOMPLICE LIABILITY WAS IMPROPER, THUS DENIED DEFENDANT DUE … PROCESS AND A FAIR TRIAL. A. The Jury Charge Regarding Accomplice Liability Was Given In Error As Defendant Was … reversed and the matter remanded for new trial. The State points out that defendant did not raise these issues during …
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… the scene. Del Rosario was prosecuted and convicted as an accomplice. On appeal, defendant raises the following … parking lot when he saw the hatch of an SUV rise and "a bat come out where two gentlemen were standing behind." He went … to a fair trial, erroneous instructions on material points are presumed to possess the capacity to unfairly …
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… motion for reconsideration and dismissing Summit's complaint in its entirety. This dispute arose from a … contract between Summit and Mercer, which guaranteed Summit commission payments from an arrangement it brokered between … Covanta and Mercer or Fairless, with Summit receiving commission as the broker. On October 25, 2006, Matecun sent …
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… See also Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 3:23-8 (2017) (stating that "[t]he deletion … where the State has had a reasonable opportunity to present complete evidence against a defendant in a criminal trial … which it failed to muster" and that "the prosecution cannot complain of prejudice [when] it has been given one fair …
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… engaged in anal intercourse. They gave K.B. a sex toy, commonly referred to as a "rabbit" that was "a dildo as well … by, ___ N.J. ___. "'[E]rroneous instructions on material points are presumed to' possess the capacity to unfairly … about the requirement of a unanimous verdict: Now, ladies and gentlemen of the jury, your verdicts must be …
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… prison term. On appeal, defendant raises the following points: POINT I THE STATE'S IMPROPER BOLSTERING OF ITS … to Taylor, he was told to meet defendant at a condominium complex in Marlboro Township, where Narcotic Strike Officers … subsequently set up surveillance before Taylor drove to the complex's parking lot. Taylor testified that after he parked …
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… NO. A-0523-15T2 WILLIAM S. BARNETT, Plaintiff-Appellant, v. COMMISSIONERS OF FIRE DISTRICT NO. 1 IN HARRISON TOWNSHIP, … R. 1:36-3. October 27, 2017 2 A-0523-15T2 to defendant Commissioners of Fire District Number 1 in Harrison … for any cause other than incapacity, misconduct, or disobedience of rules and regulations established for the …
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… In doing so, we intend no disrespect. 3 A-4492-14T2 competitive advantage of MCI remaining as a female-owned … was dismissed. Marie and MCI raise the following points on appeal: POINT I A DE NOVO STANDARD OF REVIEW IS … We interpret this language "broadly to provide remedies for the distinctive problems of close corporations." …
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… she had difficulty: driving, sleeping, swimming, and accomplishing certain household tasks, such as taking out the … instruction. B. Turning to plaintiff's remaining brief points, she urges that we reverse the jury's verdict and … a preponderance of the evidence. In so arguing, plaintiff points to defendant's re-direct testimony: Q: Now based on …
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… shoplifting, N.J.S.A. 2C:20-11(b)(2), and imposing fines, community service, and ninety days in the Monmouth County … area and began scanning her items. A cashier monitored a computer divided into four sections displaying the items … his decision pending appeal. Defendant raises the following points on appeal: POINT I THE EVIDENCE FAILS TO ESTABLISH …
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… the vehicle quickly 4 A-2262-19 veered across the oncoming traffic lane and headed directly toward the building. There was no oncoming traffic at the time. According to Jimenez, in the … making "gun arrests, . . . the waistband [was] a common area for individuals to conceal firearms" and people …
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… On appeal, defendant limits his contentions to two of those points, contending: POINT I AS DEFENDANT PRESENTED … HIS ATTORNEY CALLED A REPRESENTATIVE FROM GEICO INSURANCE COMPANY TO TESTIFY AT TRIAL AND THERE WAS A REASONABLE … surrounding area in order "to know [the site's] in- and-out points . . . so if something bad happened, [they] would know …
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… (counts three and four); and second- and third-degree computer theft, N.J.S.A. 2C:20-25(c) (counts five and six). … and N.J.S.A. 2C:20-4 (count eleven); and second-degree computer theft, N.J.S.A. 2C:20-25(c) (count twelve).1 After … factors were found. Defendant raises the following points on appeal: POINT I SIMILAR TO THE BASIS FOR REVERSAL …
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… to -35 (PDVA). On appeal, defendant raises the following points for our consideration: I. THE TRIAL COURT ERRED IN FINDING THAT DEFENDANT COMMITTED THE PREDICATE ACT OF HARASSMENT UNDER N.J.S.A. … record before us the merits of the contentions raised in points I and II. Accordingly, we vacate the FRO, reinstate …
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… the certain persons offense. Defendant raises the following points for our consideration. POINT I THE DEFENDANT'S MOTION … AN 1 "An 'open plea' [i]s one that d[oes] not include a recommendation from the State, nor a prior indication from the … warrant, see N.J.S.A. 2C:25- 2 We have omitted the subpoints of this argument. 4 A-4032-17T4 28(j), authorizing …
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… N.J.S.A. 2C:35-5(a)(1) and 35-5(b), in exchange for a recommended four-year sentence. Question seventeen of the plea … N.J.S.A. 2C:35-5(b)(1), in January 2013, with a recommended sentence of twelve years. On that plea form, the … He asserts excusable neglect in that he did not become aware of his deportable status until 2016. Accepting …
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… instructing the jury on a lesser-included offense as an accomplice. Defendant also argues that (4) the prosecutor … which she articulates as follows: POINT I – THE TRIAL COURT COMMITTED PLAIN ERROR IN ALLOWING THE STATE WITNESSES TO … to paint the cab driver as a homophobic bigot. The State points to arguments made in opening and questions asked on …