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… Submitted February 26, 2019 – Decided July 18, 2019 Before Judges Rothstadt and Natali. On appeal from the … 2015 guilty plea to one count of third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a)(1), N.J.S.A 2C:20-3(a). The … defendant's right to counsel of his or her own choosing, free of any conflicts that would materially interfere with …
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… Submitted February 25, 2019 – Decided May 1, 2019 Before Judges Messano, Gooden Brown, and Rose. On appeal from … was not under arrest or a suspect and 5 A-5139-16T4 was free to leave at any time. He did not administer Miranda … or rejection of an application to enter PTI. Subpart (e) accomplishes two goals. It specifically advises a defendant …
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… Argued February 27, 2019 – Decided May 1, 2019 Before Judges Koblitz, Currier, and Mayer. On appeal from … plaintiff Bijou Villa Condominium Association, Inc. filed a complaint against defendants, alleging they failed to obtain … that this was not a material issue of fact, the court was free to leave the question of whether the [b]oard had …
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… children and others, defendant alleged plaintiff had become engaged and resigned from her teaching position; was … countered that plaintiff had offered no justification to revisit alimony or child support. Defendant opposed oral … that after such discovery was complete, "either party [was] free to file a motion with the Court & if legally & …
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… Argued May 22, 2019 – Decided July 29, 2019 Before Judges Accurso, Vernoia and Moynihan. On appeal from … 97 N.J. at 208); see N.J.R.E. 702. Matters "within the competence of the jury" are for the collective wisdom of the … 372 N.J. Super. 489, 494 (App. Div. 2004). "A jury is free to reject any evidence, including that which is …
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… Submitted July 9, 2018 – Decided July 24, 2018 Before Judges Carroll and Rose. On appeal from Superior Court … to the Attorney General's Brimage1 Guidelines, and recommend that defendant be sentenced to a non-custodial term … defendant testified he was pleading guilty of his own free will, he was satisfied with his attorneys' services, …
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… DIVISION DOCKET NO. A-3380-16T3 BEAUTY PLUS TRADING COMPANY, INC., Plaintiff-Appellant, v. NATIONAL UNION FIRE … Argued May 17, 2018 – Decided August 14, 2018 Before Judges Simonelli and Gooden Brown. On appeal from … event to occur within the designated period. Plaintiff was free to leave the goods in the container as it chose to do. …
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… Argued December 12, 2018 – Decided Before Judges Accurso, Vernoia and Moynihan. On appeal from … summations of counsel, the municipal court judge rendered a comprehensive bench opinion, making detailed factual and … portion of it to cross-examine him. Moreover, defendant was free to cross-examine D.F. at trial by using her testimony …
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… Submitted November 7, 2018 – Decided Before Judges Yannotti and Natali. On appeal from Superior … up" and if they returned, he would shoot them. R.T. broke free and defendant threatened to shoot her and one of the … to enter the residence through the front door. They were accompanied by a police dog. Eller banged on the front door, …
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… Argued June 26, 2018 – Decided October 12, 2018 Before Judges Simonelli and Koblitz. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-3161. Frank M. Crivelli argued … members of the public to come to J.G.'s property for free scrap metal and listing J.G.'s phone number and the …
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… Pamela began changing her clothes in view of other hospital visitors. When Division caseworkers arrived, they reported … risk of harm to the child. Pursuant to Dr. Grossier's recommendation, Dr. Alexander Iofin performed a psychiatric … a permanent adoptive placement for Teresa once she was freed for adoption. Pamela also relies on N.J. Div. of Youth …
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… Although defendant believed that police had already completed searching the house by that time, the court … to Search [the Address], a Home in Which He Was Merely a Visitor. B. Courts Have Applied the Summers Exception … In sum, we discern no violation of defendant's right to be free from unlawful searches and seizures. To the extent not …
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… PERMIT MODIFICATION. Argued October 31, 2017 – Decided Before Judges Yannotti, Carroll and Mawla. On appeal from New … Raghu Murthy argued the cause for appellants Ironbound Community Corporation and New Jersey Environmental Justice … water is essential to keep system surfaces at the facility free of microbiological growth and mineral scales, and to …
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… Submitted October 18, 2017 – Decided Before Judges Currier and Geiger. On appeal from Superior … in the Apartment to herself and Sandra Pine as tenants in common. Approximately one and one-half years later, Lewie … a "mental, moral or physical exertion" that destroys the "free agency of a testator by preventing the testator from …
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… Argued September 19, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … to S.M., defendant was upset with B.C. because he had not come home for Valentine's Day. S.M. testified that … a deadly weapon." The judge stated that the jurors were free to accept the testimony they heard, and should they do …
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… Submitted September 11, 2017 – Decided Before Judges O'Connor and Vernoia. On appeal from the … store" defendant said he owned. Defendant had given S.D. free food at his 1 We employ initials and pseudonyms to … S.D. understood was defendant's home, she and her brother accompanied defendant to the front door, where they were let …
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… Submitted February 13, 2018 – Decided Before Judges Yannotti and Carroll. On appeal from Superior … judge dismissed the remaining charges; ordered defendant to comply with Megan's Law, N.J.S.A. 2C:7-1 to -23; ordered the … and required defendant to remain law-abiding and arrest-free. The court entered a judgment of conviction dated …
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… Argued May 3, 2018 – Decided May 14, 2018 Before Judges Haas and Gooden Brown. On appeal from Superior … she swerved across a double yellow center line into the oncoming traffic and crashed head-on into the victim's Toyota … "Consequently, on such matters an appellate court is free to substitute its independent judgment for that of the …
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… Argued April 26, 2018 – Decided Before Judges Simonelli, Haas and Rothstadt. On appeal from … in the District, culpable of eleven charges of conduct unbecoming, and suspended her for 262 days. On appeal, the … the specified charges of misconduct, [an] arbitrator [is] free to apply his [or her] special expertise and determine …
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… Submitted March 14, 2017 – Decided Before Judges Fisher and Leone (Judge Fisher concurring). On … supra, 221 N.J. at 57-59. A. Plaintiff argued Bergman committed legal malpractice in valuing the case at $200,000. … agreement, defendant was negligent in failing to take his free spin and proceed to a final disposition of the trial …