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njcourts.gov
… Argued January 4, 2022 – Decided February 28, 2022 Before Judges Fisher, DeAlmeida and Smith. On appeal from the … there was insufficient evidence to support a finding of an assault – the predicate act – and insufficient evidence to … did not prevail. Upon resubmittal, the trial court must perform the two-factor calculation necessary to determine the …
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njcourts.gov
… Submitted May 30, 2017 – Decided Before Judges Haas and Currier. On appeal from Superior Court … (count seven); two counts of second-degree aggravated assault by causing injury to another while fleeing or … number to the dispatch officer, who broadcasted the information to available police units. One of the officers who …
njcourts.gov
… Defendant-Appellant. Submitted November 8, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … J. McKenna was convicted of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1). On February 3, 2017, the … AFFIRMATIVE DEFENSE AT ISSUE IN THE CASE: (1) BADLY MISINFORMED THE JURY ON THE CORRECT BURDEN OF PROOF; AND (2) WAS …
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njcourts.gov
… Defendant-Appellant. Submitted November 8, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … J. McKenna was convicted of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1). On February 3, 2017, the … AFFIRMATIVE DEFENSE AT ISSUE IN THE CASE: (1) BADLY MISINFORMED THE JURY ON THE CORRECT BURDEN OF PROOF; AND (2) WAS …
njcourts.gov
… LLC, d/b/a O'HARA'S DOWNTOWN, Defendant-Appellant. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that stepped down coverage to $50,000 per occurrence for assault and battery claims. The Starstone umbrella policy … intent to recognize the third party's right to contract performance, 'then the third person is only an incidental …
njcourts.gov
… Submitted on December 16, 2020 - Decided Before Judges Sumners and Geiger. On appeal from the Superior … guilty of third-degree arson and third-degree aggravated assault and was sentenced to an aggregate eight- year … his comments to the grand jury or providing whatever information was provided. I, also, don't find that any …
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njcourts.gov
… Submitted on December 16, 2020 - Decided Before Judges Sumners and Geiger. On appeal from the Superior … guilty of third-degree arson and third-degree aggravated assault and was sentenced to an aggregate eight- year … his comments to the grand jury or providing whatever information was provided. I, also, don't find that any …
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njcourts.gov
… LLC, d/b/a O'HARA'S DOWNTOWN, Defendant-Appellant. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that stepped down coverage to $50,000 per occurrence for assault and battery claims. The Starstone umbrella policy … intent to recognize the third party's right to contract performance, 'then the third person is only an incidental …
njcourts.gov
… Defendant-Appellant. Submitted October 11, 2018 - Decided Before Judges Currier and Mayer. NOT FOR PUBLICATION WITHOUT … were interviewed. The IAB concluded there had not been an assault. Jane had given several versions of the incident and … 1998)). Although a complainant often provides "limited information about the prior history between the parties, only …
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njcourts.gov
… Defendant-Appellant. Submitted October 11, 2018 - Decided Before Judges Currier and Mayer. NOT FOR PUBLICATION WITHOUT … were interviewed. The IAB concluded there had not been an assault. Jane had given several versions of the incident and … 1998)). Although a complainant often provides "limited information about the prior history between the parties, only …
njcourts.gov
… Submitted January 16, 2024 – Decided April 5, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … 21-05- 0290. Joseph E. Krakora, Public Defender, attorney for appellant (Alyssa A. Aiello, Assistant Deputy Public … Raymond S. Santiago, Monmouth County Prosecutor, attorney for respondent (Monica Lucinda Do Outeiro, Assistant …
njcourts.gov
… July 11, 2019 Resubmitted January 30, 2020 – Decided Before Judges Accurso and Moynihan. On appeal from the … transcriber at the beginning of the transcript that reads: "Please note: Only the [c]ourt is speaking into a working … on the date defendant was ticketed. In assessing the information defendant presented, including emails he sent to …
njcourts.gov
… Submitted October 7, 2020 – Decided Before Judges Alvarez and Mitterhoff. On appeal from the … 17-09-0685. Joseph E. Krakora, Public Defender, attorney for appellant (Daniel Gautieri, Assistant Deputy Public … the briefs). Gurbir S. Grewal, Attorney General, attorney for respondent (Frank Muroski, Deputy Attorney General, of …
njcourts.gov
… Submitted December 6, 2022 – Decided February 21, 2023 Before Judges Gilson and Gummer. On appeal from the Superior … 11-04- 0607. Joseph E. Krakora, Public Defender, attorney for appellant (Richard Sparaco, Designated Counsel, on the … by the Sixth Amendment," and (2) "the deficient performance prejudiced the defense." Strickland v. Washington, …
njcourts.gov
… Submitted January 25, 2018 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … did not allege any deficiencies in defense counsel's performance on the motion. The judge also found defendant … Second, a defendant "must show that the deficient performance prejudiced the defense." A defendant will be …
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njcourts.gov
… July 11, 2019 Resubmitted January 30, 2020 – Decided Before Judges Accurso and Moynihan. On appeal from the … transcriber at the beginning of the transcript that reads: "Please note: Only the [c]ourt is speaking into a working … on the date defendant was ticketed. In assessing the information defendant presented, including emails he sent to …
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njcourts.gov
… Submitted October 7, 2020 – Decided Before Judges Alvarez and Mitterhoff. On appeal from the … 17-09-0685. Joseph E. Krakora, Public Defender, attorney for appellant (Daniel Gautieri, Assistant Deputy Public … the briefs). Gurbir S. Grewal, Attorney General, attorney for respondent (Frank Muroski, Deputy Attorney General, of …
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njcourts.gov
… Submitted January 25, 2018 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … did not allege any deficiencies in defense counsel's performance on the motion. The judge also found defendant … Second, a defendant "must show that the deficient performance prejudiced the defense." A defendant will be …
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njcourts.gov
… Submitted December 6, 2022 – Decided February 21, 2023 Before Judges Gilson and Gummer. On appeal from the Superior … 11-04- 0607. Joseph E. Krakora, Public Defender, attorney for appellant (Richard Sparaco, Designated Counsel, on the … by the Sixth Amendment," and (2) "the deficient performance prejudiced the defense." Strickland v. Washington, …
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njcourts.gov
… Submitted January 16, 2024 – Decided April 5, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … 21-05- 0290. Joseph E. Krakora, Public Defender, attorney for appellant (Alyssa A. Aiello, Assistant Deputy Public … Raymond S. Santiago, Monmouth County Prosecutor, attorney for respondent (Monica Lucinda Do Outeiro, Assistant …