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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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… 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 Township, dismissing two counts of plaintiff's complaint with prejudice. We repeat the essential facts from …
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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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… 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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… 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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… an evidentiary hearing. We affirm. I. The following facts encompassing defendant's underlying conviction are pertinent … hearing to authenticate the video depicting the sexual acts committed by defendant against N.B. On at least five … appeal followed. On appeal, defendant raises the following points for consideration: POINT I DEFENDANT'S PETITION FOR …
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… restraining order in August 2020. She amended her TRO complaint approximately three weeks later. During the … but accepted the ring, fearing defendant "would continue to come back over" if she did not. During her testimony, … of plaintiff, defendant's attorney moved to dismiss the complaint. He argued the "hair pull back in April . . . …
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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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… Anthony F. Picheca, Jr., entered the order and rendered a comprehensive and well-reasoned fourteen-page opinion. We … errors created a "reasonable probability" that the outcome of the proceedings would have been different than if … J.M. Furthermore, distinctive post-mortem lividity and skin compression marks on J.M.'s body matched the pattern of the …
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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 …
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… did not file a brief. PER CURIAM Plaintiff N.L. filed a complaint under the Prevention of Domestic Violence Act of … he was unwelcome. Now on appeal, N.L. raises the following points: POINT I THE DISMISSAL OF PLAINTIFF’ S COMPLAINT FOR … meet the statutory definitions, we do not address N.L.'s points of error individually. N.L. established by a …
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… and heroin out of his apartment located in a senior citizen complex in Irvington as well as another nearby senior citizen complex. Customers would call defendant on his cellular … prior drug cases, set up surveillance at the two apartment complexes for a three-month period. During this time, …
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… of Hartz's property to operate a restaurant in a large commercial complex located in Secaucus. Section 6.2 of the lease … . . . the Building Parking Garage, and the Development Common Areas and Building Common 1 Outback and Hartz have …
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… defense is unsuccessful; (3) the necessity that defendant comply with the rules of criminal procedure and the rules of … say that it’s better to have an attorney . . . you’re not comfortable with." The court added, "a lawyer can argue … from our review of the record that the trial court complied with the principles of Reddish6 and Crisafi, and …
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… and Mitterhoff. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-34. Laddey, Clark & Ryan, LLP, … General, attorney for respondent New Jersey Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … findings. On appeal, the Township raises the following points: 4 A-2578-19 POINT I THE COMMISSION ERRED AND ITS …
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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 …