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… A-2434-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. FRANCISCO MONTEROTORIVO, Defendant-Appellant. … TO DECLARE A MISTRIAL SUA SPONTE. POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO CHARGE THE JURY ON … Kittrell, 279 N.J. Super. 225, 236 (App. Div. 1995), we similarly held that an officer's testimony about the use of …
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… (counts fifteen through nineteen); and conspiracy to commit armed robbery, criminal restraint and possession of a … the phone back." Second, "that [defendants] were trying to frame her." Third, "[defendants] probably put it back so she … came up and asked the questions, I'm from the city, I'm familiar. So from looking on the board with the streets, …
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… appellate review none of the alleged trial errors he now complains of, and none were clearly capable of producing an … my brother wouldn't give him anything he would abuse." Similarly, another tenant in the three-unit building testified … or police coercion with the defendant. Before the interview started, the detectives informed the defendant that they …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … Background The subject of the instant case is a multi-million dollar property located at 320 Algonquin Road, Franklin Lakes, New Jersey (hereafter, the “Property”), the …
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… summary judgment as to the remaining two counts of a complaint brought by plaintiff, Officer Michael Lang. We … of the cab as if to cut it off. Plaintiff braked suddenly, started forward, braked suddenly again for no obvious … Super. 287, 294 n.2 (App. Div. 2015) (citation omitted). Similarly, courts addressing qualified immunity consider …
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… northbound side of Sicklerville Road, with his back to oncoming traffic, towards his home on Rose Court. Sicklerville … lived. The development is located approximately one-half mile from the Wawa. The plans called for sidewalks to be … condition" when this accident occurred. 1 As we discuss, infra, in Part II, the photos of the scene in the motion …
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… NOT FOR PUBLICATION WITHOUT THE WRITTEN APPROVAL OF THE COMMITTEE ON OPINIONS LETTER OPINION Samuel Scott Cornish, … Attorney for Plaintiff Park Stone Management, LLC Gerald D. Miller, Esq. Miller, Meyerson & Corbo 35 Journal Square, … which constitute violations of New Jersey's Consumer Fraud Act, N.J.S.A. 56:8-2 et seq. Both Plaintiff and …
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… Oak Tree Cash & Carry, LLC (C&C), and their third-party complaints against the third- 3 A-5463-14T3 party defendants … seeking to purchase the Property for between $1.6 and $1.7 million. They reached agreement. The Doshis said their … against C&C. Their counterclaims alleged C&C instituted a fraudulent and frivolous lawsuit based on a non- existent, …
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… Deputy Public Defender, of counsel and on the brief). Francis A. Koch, Sussex County Prosecutor, attorney for … sexual assault, contrary to N.J.S.A. 2C:14-2(a)(1), by committing multiple acts of sexual penetration of A.G., who … her sexually, he told her he would hurt her or other family members if she told anyone. Nevertheless, A.G. reported …
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… 1 NOT FOR PUBLICATION WITHOUT APPROVAL OF COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … in the summer of 2015 in Mercer County Superior Court: Hamilton, East Windsor, West Windsor, Lawrence, Robbinsville, … could choose either the Second Round or Third Round framework regarding bonus credits (excluding any Third Round …
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… warrant for defendant S.N. for acts alleged to have been committed against his stepdaughter in 2012. In a … which stated that “defendant was known to the victim as [f]amily.” Following defendant’s arrest, a pretrial services … briefs; Richard G. Potter, of counsel and on the briefs). Frank J. Ducoat, Special Deputy Attorney General/Acting …
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… for defendant, the juvenile victim and the victim's family members to protect the victim's privacy. See N.J.S.A. … Count two was amended to allege the sexual assault was committed between "May 2010 through May 2012." Count five … 635-36. Generally, "in cases where there is a danger of a fragmented verdict the trial court must upon request offer a …
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… bodily injury . . . with a deadly weapon, to wit: a 9[-]millimeter handgun." 3 A-5365-14T2 The victim's testimony … On November 8, 2005, defendant invited the victim to come to Willingboro to socialize, drink, and use drugs with … victim before he was shot. Ross told police that she was afraid of defendant. Although cross-examined about the …
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… CASE. POINT IV THE TRIAL COURT FAILED TO GIVE A PROPER AND COMPLETE JURY INSTRUCTION REGARDING PHOTO ARRAY … evidence that T.J. was hesitant to testify because she was afraid of retaliation from people "on the street." Defense … A: Well, I also go through the neighborhood, I got family in Newark so I am always passing through the …
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… Lashawn Fitch was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … stood next to Wiggins. Wiggins grabbed Paulus' pant leg and started to pull on it. When Paulus knelt down beside him, … building. On Grant Avenue, which was approximately one-half mile from the crime scene, Cleary found a 10 A-1014-14T3 …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … is a dispute between a father and a son regarding a family business, W.H. Linen Supply Co., Inc. (“W.H. Linen”), … of a cause of action for unjust enrichment in Thieme v. Aucoin-Thieme, 227 N.J. 269, 288 (2016) as follows: To prove a …
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… a "[d]ark colored sedan" which had a license plate number starting with "F-1-5." Cruz drove to the area in response to … police headquarters, Cruz found a second rifle in another compartment of the bag, as well as nine thirty-round … Hammer was not dispositive of the issue of exigency, and similarly, the fact that the trunk here was locked is also not …
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… Division, Camden County, Docket No. L- 3111-12. Peter N. Milligan argued the cause for appellants/cross-respondents. … in this matter is the entitlement to a real estate broker's commission for the lease and sublease of a commercial … did not assert the affirmative defense of statute of frauds in their answer. See R. 4:5-4 (prescribing that …
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… appeal (A-0164-15) concerns the dismissal of 514 Accutane complaints involving plaintiffs who were prescribed and 3 … cases was entered on May 11, 2015. (2) In light of the familiar Brill standard,3 which applies with equal vigor in … of the drug.'" Ibid. Based on that information, Dr. Henry Lefrancq, a Roche physician, stated in a February 24, 1994 …
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… Law Division, Passaic County, Indictment No. 10-12-0179. Frank M. Gennaro, Designated Counsel, argued the cause for … The purpose and objectives of the NJAPC and PRC were similar. The primary function of the NJAPC was to plan and … received over $1.4 million with approximately $655,000 coming from the District. One of the allegations leveled …