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… first-degree murder charge to aggravated manslaughter and recommend a twenty-year sentence pursuant to the No Early … year sentence. The judge rejected the State's sentencing recommendation and instead sentenced defendant to twenty-two … A-2382-16T4 On this appeal, defendant raises the following points of argument: POINT I: DEFENDANT'S PETITION FOR POST …
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… once again found guilty of armed robbery and conspiracy to commit armed robbery. The State dismissed the weapons count, … trial court erred in failing to charge the jury with an accomplice liability charge, or that prosecutorial misconduct … the court's denial of PCR, defendant raises the following points for our review: POINT I THE PCR COURT SHOULD HAVE …
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… motion for summary judgment and dismissing Spataro's complaint with prejudice. This appeal followed. We recite … impairment and scarring. Spataro raises the following points on appeal: POINT I THE TRIAL COURT ERRED BY HOLDING … summary judgment, the trial judge must decide whether "the competent evidential materials presented, when viewed in the …
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… 8, 2016 Law Division order dismissing his legal malpractice complaint with prejudice for failure to provide an affidavit … 2A:53A-27 (AMS). We affirm. Plaintiff's legal malpractice complaint alleged that defendants David Torchin and Shapiro, … to the Division regarding the gun. In his legal malpractice complaint, plaintiff set forth two causes of action: (1) …
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… also appeals from his conviction, arguing the prosecutor's comments during closing argument deprived him of a fair … created a reasonable suspicion that an offense was being committed sufficient to establish probable cause for … BECAUSE OF PROSECUTORIAL MISCONDUCT AS THE PROSECUTOR COMMENTED ON DEFENDANT'S POST- ARREST SILENCE IN HER …
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… In his petition, defendant asserted: (1) trial counsel completely failed to object to the judge's erroneous charge … without adding a final paragraph directing the jury to "complete its task;" (4) the modified Czachor charge omitted … appeal followed. On appeal, defendant raises the following points: THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY …
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… then shone his flashlight into the vehicle and noticed that components of the dashboard were missing, and an object, … leaning forward, leaning back and moving around, not common." As to his use of a flashlight, Officer Laielli … "Officer Laielli had no reason to believe that he would come across a firearm when he pulled the suspected vehicle …
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… guilty plea, have insufficient merit to warrant extended comment. R. 2:11-3(e)(2). 10 A-4002-15T3 "Generally, a … a backdrop for the arguments that follow and requires no comment. His second point in this series (Point III of his … working conditions is indirect, attenuated and simply not comparable to circumstances addressed in cases defendant …
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… THE AMBIGUOUS PHRASE "AND/OR" IN THE JURY INSTRUCTION ON ACCOMPLICE LIABILITY WAS PLAIN ERROR BECAUSE IT "GENERATED … begin by addressing defendant's contention that the judge committed plain error when the judge failed to charge … avoid the necessity of using such force 8 A-2815-14T1 with complete safety by retreating . . . ." N.J.S.A. 2C:3- …
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… others also kicked and attacked Brown. After Brown had been completely immobilized, defendant kicked him in the face … Defendant claimed that his attorney did not maintain communication with him, failed to discuss the case, and did … Ibid. Here, defendant claims that his attorney failed to communicate with him, and did not discuss the strengths and …
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… 2C:18- 2(b)(2) (count five); second-degree conspiracy to commit armed burglary, N.J.S.A. 2C:5-2(a)(1) and 2C:18 … and to suppress the identification. They also moved to compel disclosure of the identity of a confidential … in Englewood, and to suppress evidence seized pursuant to a communications data warrant. The judge heard oral argument …
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… an argument that the trial judge did not adequately cure comments by the prosecutor that "portrayed the defendant and … he contended that his attorney failed to raise issues about comments made by the prosecutor during closings about … brief defendant filed directly, he adds the following points: POINT I INEFFECTIVE ASSISTANCE OF COUNSEL DENIED …
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… appeals from the April 12, 2019 order of respondent Commissioner, Department of Environmental Protection (DEP) … Sternstein c/o GDMS Holdings, LLC (GDMS) authorizing the commercial and residential development of respondent's … the record. GDMS intends to develop four contiguous lots comprising approximately 100 acres in Lakewood Township on …
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… Two grand juries indicted and charged defendant with committing numerous crimes.1 After a jury found him guilty … convictions and remanded for a third trial.5 Following the completion of the re-trial and sentencing, defendant refiled … considered defendant's PCR contentions and rendered a comprehensive oral decision, with which we substantially …
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… DOCKET NO. A-5716-17T1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION … summary judgment to plaintiff Deutsche Bank National Trust Company, a June 28, 2017 order again granting plaintiff … appeal followed. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT …
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… Defendant responded, "You need a search warrant. You can't come in here. And I wanna lawyer." After defendant showed … value." Lieutenant Spirito eventually obtained a Communications Data Warrant (CDW) for defendant's cell … or omissions fell outside the wide range of professionally competent assistance considered in light of all the …
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… welfare of a child, N.J.S.A. 2C:24-4(a)(1) (count two). The complaint-warrant alleged the victim M.R., then sixteen … agreeing to dismiss count one. The State also agreed to recommend: three years of non-custodial probation with a … his trial counsel." Defendant raises the following points on appeal: POINT I: BECAUSE [DEFENDANT] RECEIVED …
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… Later that evening, defendant went to the APFD to file a complaint against Captain Fahnholz. Because Captain Fahnholz … Captain Fahnholz 3 A-1502-19 provided defendant with a complaint form. Defendant then made threatening statements; … harassment. On March 8, 2019, defendant appeared pro se in Freehold Borough Municipal Court, the matter having been …
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… of taxes to Conover's benefit. In May 2016, Lesso filed a complaint and order to show cause seeking an accounting, … creating a fund in court. Any unpaid fees would become Conover's personal responsibility. Thus, he required … to $39,000.89. Now on appeal, Conover raises the following points: POINT I 6 A-3578-19 THE TRIAL COURT ERRED TO THE …
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… 2C:25-17 to -35 (PDVA). On appeal, he raises the following points for our consideration: I. THE TRIAL COURT'S FAILURE … COURT'S UNCLEAR CREDIBILITY FINDINGS AND OVERALL FAILURE TO COMPLY WITH R[ULE] 1:7-4. (Not raised below) III. THE … raised below) We agree with most of the arguments raised in points I and II and, as such, cannot determine on the record …