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… DISEASE OR DEFECT. POINT IV THE TRIAL COURT ERRED IN ITS COMPOSITION OF THE VERDICT SHEETS. [U.S. CONSTITUTION, … I, PARAGRAPH 10]. 6 A-1137-17T3 A. THE SENTENCING JUDGE COMMITTED AN ABUSE OF DISCRETION IN ERRONEOUSLY ATTRIBUTING … the victim's personal belongings, including her cell phone, computer, credit cards, identification, and the bloody bed …
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… Generals, on the brief). PER CURIAM In her Law Division complaint, plaintiff Ratarsha Willis asserted causes of … Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). Plaintiff's Complaint Plaintiff's complaint generally describes the … or conclusions. The Palisades At Fort Lee Condo. Ass'n v. 100 Old Palisade, LLC, 230 N.J. 427, 18 A-3113-17T1 442 …
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… Nineteen, third-degree filing false or fraudulent gross income tax returns, for tax years 2011, 2012, 2013, and 2014, … compensation matter reflects defendant's counsel fee as $1000. Regarding the other litigation, Aponte never discussed … client accounts and deposited in his own accounts. N.J.R.E. 1006 ("The contents of voluminous writings or photographs …
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… Huff. Defendant, who was a minor when the crimes were committed, raises numerous contentions in this appeal. Most … shy of his eighteenth birthday when the homicides were committed, did not suffer prejudice from counsel's failure … two different victims. See generally State v. Yarbough, 100 N.J. 627 (1985) (providing guidance on when to impose …
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… the property, which ranged from $4,420,000 (2013) to $4,660,100 (2017). To support its contention that Hazlet … it did fault Lamicella for including in his report a comparable land sale in Wall from 2012. VNO opposed the … that Lamicella acquired the information about the 2012 comparable land sale in Wall several years before 1 The full …
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… THE STATEMENT WAS NOT TRUSTWORTHY. POINT II THE TRIAL COURT COMMITTED PLAIN ERROR BY ALLOWING CONFUSING EXPERT TESTIMONY … a victim of." Brazile stated she had conducted "[w]ell over 100" forensic interviews throughout her career within the … not engage in the proper analysis" in imposing the maximum $1000 SCVTF penalty. We review sentences "in accordance with …
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… most likely 3 A-0409-19 caused by the squeezing or compression of the child's chest. Id. at 3-4. The expert … squeezing. Death would be slower and more painful if the compression stopped before death. [Id. at 4.] The … of the real thing. Trusky v. Ford Motor Co., 19 N.J. Super. 100, 104 (App. Div. 1952). That substance and flavor is …
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… Further, on July 24, both 4 A-5136-17 defendant and Bongco communicated with Achetouane's girlfriend about the rumors, and in those communications, defendant expressed his belief that … for consecutive sentences set forth in State v. Yarbough, 100 N.J. 627, 643-45 (1985).4 In reviewing the Yarbough …
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… defendant Brittany L. Burnett appeals her conviction and concomitant sentence for third-degree aggravated assault on a … bus travel. Defendant ignored Delgaizo's thrice- given commands to move the vehicle, telling the person to whom she … sentences. L. 1993, c. 233, § 1. 12 In State v. Yarbough, 100 N.J. 627, 643-44 (1985), superseded by statute in part, …
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… 2C:30-2(a) (count four); second-degree sexual assault, committing an act of sexual penetration with B.D. while she … corrections officers. Lieutenant Hector Smith, the shift commander at EMCF, described the layout of the facility, … and concurrent sentences pursuant to State v. Yarbough, 100 N.J. 627 (1985), and determined that consecutive …
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… and Enright. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-2466. Fusco & Macaluso Partners, … Attorney General, attorney for respondent Civil Service Commission (Debra A. Allen, Deputy Attorney General, on the … Bloomfield appeals from an October 24, 2017 Civil Service Commission final agency decision upholding his removal from …
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… in other cases is limited. R. 1:36-3. 2 A-3993-19 In her complaint, plaintiff Stacie Percella alleges defendant City … M. Davis's (Davis) alleged sexually harassing conduct.1 The complaint asserts five claims under the New Jersey Law … (quoting Gonzalez v. Safe & Sound Sec. Corp., 185 N.J. 100, 115 (2005)). A "court must . . . carefully weigh what …
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… told defendant that what he was now stating "sound[ed] completely different than when [they] spoke earlier," and … Okay? You're there. All right? You didn't – you didn't come back. You didn't walk the trails for four hours [by] yourself . . . unaccounted for, and come back into the house and take a shower and lay down and …
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… was under twenty-six years of age at the time the crime was committed, N.J.S.A. 2C:44-1(b)(14). Unpersuaded by … was an incident" at the gas station, "the subject who committed [the] crime was a six-foot black male and … 27 A-5454-18 unequivocal, and express." State v. Sugar, 100 N.J. 214, 234 (1985). Voluntariness must be determined …
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… plaintiff Port-Man-GB Associates, LLC, $180,230 and to complete the remediation of the shopping center property.1 … against Renaissance and remand for dismissal of Port-Man's complaint. This matter has a long and complicated history … along to his lawyers. He understood "Pathmark had assigned 100 percent of the lease to Renaissance, and that as between …
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… individually (Walsh); Smith-Sondy Asphalt Construction Company and its engineer, Nicola Genchi; and Straight Edge … in original) (quoting Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). Because … Holdings Ltd. v. S.A.C. Cap. Mgmt., LLC, 450 N.J. Super. 1, 100 n.50 (App. Div. 2017) (finding no error in the failure …
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… as "Lowes Home Centers, LLC" in the caption of the complaint. We utilize "Lowe's Home Centers, LLC" in the … at the time of the parties' altercation, Hassan had not yet completed all of his training, including a computerized … described plaintiff as going "immediately from zero to 100 angry." Believing the situation was becoming …
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… granting defendants summary judgment on all counts of the complaint other than the eighth count, which alleges the … discriminating against plaintiff in a place of public accommodation based on his national origin. We vacate the … 59:9-2(d); see also Reale v. Twp. of Wayne, 132 N.J. Super. 100, 116 (Law Div. 1975) (finding that without "competent …
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… THE OFFENSE THE STATE ALLEGED THAT DEFENDANT INTENDED TO COMMIT WHEN HE ENTERED THE APARTMENT WITHOUT PERMISSION. … LIGHT OF THE NEW JERSEY CRIMINAL SENTENCING & DISPOSITION COMMISSION'S BILL FOR YOUTHFUL OFFENDERS DURING SENTENCING. … consecutive sentences are warranted, in State v. Yarbough, 100 N.J. 627, 643-44 (1985), our Supreme Court set forth …
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… 2C:39-5(b) (count five); and first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1), … A. [Defendant] Invoked His Federal Constitutional and State Common-Law and Statutory Rights to Remain Silent by 3 … does not work as planned." State v. Williams, 219 N.J. 89, 100 (2014) (quoting A.R., 213 N.J. at 561-62). Moreover, we …