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… Argued March 5, 2024 – Decided August 6, 2024 Before Judges Rose and Perez Friscia. On appeal from the … weapon, N.J.S.A. 2C:39-5(b). 3 A-2581-21 case turned on the competing testimony of the only two surviving eyewitnesses: … jury could have determined "after he expended the force to free himself and was on his way out of the apartment, he …
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… Argued May 22, 2024 – Decided August 26, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from … he was armed. We reverse the court's ruling because the competent evidence presented by the State did not establish … "reasonable person in defendant's position would have felt free to exit the encounter."). Thus, we first consider …
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… Argued October 1, 2024 – Decided January 7, 2025 Before Judges Gilson and Bishop-Thompson. On appeal from the … defendant was convicted of third-degree conspiracy to commit aggravated assault, attempting to cause significant … "Put it in writing that I get to leave today and just go free and I'll be your f****ing witness." Bielski restated …
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… Submitted April 24, 2024 – Decided October 11, 2024 Before Judges Gummer and Walcott-Henderson. On appeal from the … license, fines and penalties of $819.00, and thirty days of community service.1 The court also ordered that the imposed … PCR, the prosecution cannot proceed. The State remains free to challenge those who drive while suspended with …
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… Submitted December 7, 2022 – Decided July 7, 2023 Before Judges Accurso, Vernoia and Natali. On appeal from the … promised he would be permitted to live at the residence for free until he died. Plaintiff, represented by current counsel, filed a complaint in April 2018 alleging five counts against …
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… Argued October 16, 2024 – Decided November 4, 2024 Before Judges Susswein and Perez Friscia. On appeal from the … and the Mazawey Law Firm's1 motion to dismiss plaintiff's complaint for failure to state a claim. We affirm in part, … plaintiff's right, as defendants' former client, to be free from "the risk of the disclosure of privileged …
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… Argued October 9, 2024 – Decided November 20, 2024 Before Judges Mayer, Rose and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-3130. John P. Nulty, Jr. argued … Polk, 90 N.J. at 578 (quoting Pell v. Bd. of Educ. of Union Free Sch. Dist. No. 1, 34 N.Y.2d 222, 233 (1974)). "The …
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… Argued November 13, 2024 – Decided December 4, 2024 Before Judges Gooden Brown and Chase. On appeal from the … explanation of the "transactions" in the parking lot compromised his credibility. With respect to the … defendant's nearly four-year period of being crime free, making changes in his life, and sentencing him as he …
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… Submitted May 1, 2024 – Decided December 31, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from … K.L.'s mother contacted police to report that she saw E.S. coming out of K.L.'s room buttoning his shirt. On July 12, … In addressing a registrant's classification, a judge is free to consider reliable evidence beyond the RRAS score, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Architects, P.C. (Tsairis) and its affiliated construction company, Northeast Modular Homes, Inc. , to design and build … by their involvement in the litigation, defendants are free to explore any alleged bias on cross-examination. …
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… Submitted February 11, 2019 – Decided Before Judges Fasciale and Gooden Brown. On appeal from … moved to admit evidence of "other acts of domestic violence committed by . . . defendant against the victim pursuant to … she did not allow him to live with her. The jury would be free to determine whether her testimony was credible or not. …
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… Argued January 15, 2019 – Decided April 4, 2019 Before Judges Rothstadt and Natali. On appeal from Superior … enjoyed a middle class lifestyle predicated upon the income of [plaintiff] during the marriage." Article Two … estimated market value of $860,000, and that she would "be free to transfer or sell this property at any time she deems …
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… Plaintiff-Appellant, v. HARRAH'S ATLANTIC CITY OPERATING COMPANY, LLC, d/b/a HARRAH'S RESORT ATLANTIC CITY, … telephonically February 14, 2019 – Decided March 29, 2019 Before Judges Yannotti and Natali. On appeal from Superior … Harrah's provides patrons of the Diamond Club drinks, free of charge, and a self-serve buffet. Plaintiff testified …
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… Submitted May 1, 2019 – Decided Before Judges Nugent and Mawla. On appeal from the Department … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2017-5603. Kotlar, … need not show that the rug was defective or that she was free from fault. Respondent, however, cannot be denied the …
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… Submitted September 23, 2019 – Decided Before Judges Ostrer, Vernoia and Susswein. On appeal from the … 2C:39-5(b); second-degree possession of a weapon during the commission of a drug crime, N.J.S.A. 2C:39- 4.1(a); … 445, 450 (App. Div. 1988) ("[A] reviewing court is not free to ignore an illegal sentence." (citing State v. …
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… Defendant-Appellant. Submitted November 6, 2019 – Decided Before Judges Accurso, Gilson and Rose. On appeal from the … from her representation of defendant, citing his failure to communicate with her and pay for services she had rendered … (2001). A criminal defendant "is entitled to a jury that is free of outside influences and will decide the case …
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… Argued December 11, 2019 – Decided Before Judges Haas, Mayer and Enright. On appeal from the … FINDINGS. POINT IV 4 A-4243-17T1 EVEN IF ANY ONE OF THE COMPLAINED-OF ERRORS WOULD BE INSUFFICIENT TO WARRANT … acknowledged that defendant and Bradbury were not free to leave while they were on the highway waiting for the …
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… Submitted October 2, 2019 – Decided January 15, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … verbally abuse the two women by making inappropriate sexual comments. According to the girlfriend, defendant appeared to … v. DiFrisco, 137 N.J. 434, 491 (1994)). Here, the jury was free to find that defendant did not cause any serious bodily …
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… Submitted January 21, 2020 – Decided March 5, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … drew five to ten thousand attendees at any given time. To accommodate the large crowd, United provided portable … Rahway, 168 N.J. 191, 199 (2001)). An appellate court is "free to affirm the trial court's decision on grounds …
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… Plaintiff-Appellant, v. ALLSTATE NEW JERSEY INSURANCE COMPANY, ANNE H. MOCKRIDGE, and OSCAR A. MOCKRIDGE, III, … Argued November 4, 2019 – Decided March 19, 2020 Before Judges Fasciale and Rothstadt. NOT FOR PUBLICATION … diary entry, Allstate indicated that "[t]he observation of free phase oil seems to indicate a coverage trigger . . . ." …