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… Submitted March 11, 2019 – Decided April 1, 2019 Before Judges Messano, Fasciale and Gooden Brown. On appeal … contends that the judge erroneously imputed $48,635 in income to defendant. He maintains that defendant's income … purported clerical errors, the 11 A-1349-17T1 parties are free to bring them to the attention of the judge should that …
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… Submitted June 21, 2017 – Decided Before Judges Fuentes and Koblitz. On appeal from Superior … PTI Director in the Criminal Division Manager's Office recommended that defendant's application be denied because his … parole as mandated by N.J.S.A. 2C:40-26(b). Defendant was free to argue for a lesser sentence within the statute's …
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… for our consideration: POINT I THE DEFENDANT'S RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES AS GUARANTEED … records confirming the informant's description of the target location, the suspect's criminal history, and the 6 … the premises under surveillance. [169 N.J. at 215 (quoting Commonwealth v. Desper, 643 N.E.2d 1008, 1011 (Mass. …
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… Submitted September 14, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … 2C:15-1(a)(1) (count two); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(2) and N.J.S.A. … and did not "permit jurors to deliberate objectively, freely, and with an untrammeled mind." Id. at 402. Instead, …
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… Submitted March 13, 2018 – Decided Before Judges Reisner and Hoffman. On appeal from Superior … N.J.S.A. 2C:11- 4(a)(1). In exchange, the State agreed to recommend a sentence not to exceed ten years for burglary, and … the discovery and you've made the decision of your own free will to plead guilty. Is that correct?" Defendant …
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… BRENDA L. HACHIKIAN, and NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendants-Respondents. … Argued September 20, 2016 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from … plaintiff's motion for an extension of time). We are not free to substitute our judgment for the trial court. 6 …
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… Argued telephonically January 25, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … Feldman, on the briefs). 1 By order dated May 8, 2015, the complaint was amended by striking the name of JP Mortgage … N.J. Const. art. VI, § 3, ¶ 2). New Jersey courts remain "free to fashion [their] own law of standing consistent with …
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… and GEORGE DEVANNEY, Individually and as former County Manager, Defendant-Respondent/ … of Union County (the County) since 1986, filed a verified complaint in lieu of prerogative writ against the County and … specific action when the duty is ministerial and wholly free from doubt, and (2) to compel the exercise of …
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… NO. A-2592-15T1 BASF CORPORATION, COLUMBIAN CHEMICALS COMPANY, GLENN SPRINGS HOLDINGS, INC., SHELL OIL COMPANY, … Argued November 27, 2017 - Decided Before Judges Accurso, O'Connor and Vernoia. NOT FOR … on the closing date unencumbered by liens or mortgages and free of debris, and they agreed to secure those obligations …
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… A POTENTIAL MISUNDERSTANDING OF BOTH CONSPIRACY AND ACCOMPLICE LIABILITY – PARTICULARLY THE NOTION OF "MERE … we affirm the conviction and the sentence. I Defendant, together with co-defendants Alveiro Bravo, and Juan M. … were insufficient to address their question, they were free to submit another question. Although the judge had …
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… Submitted November 28, 2017 – Decided Before Judges Carroll and Leone. On appeal from Superior Court … Defendant certified when he was arrested by police he "was committing no crime and was on [his] way to the police … from devices to encourage the surrender of firearms to a 'free pass' for those the police have already found or …
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… the negotiated plea to a three-year probationary term, together with 180 days in the county jail. After pronouncing … Instead, the judge directed defendant's attorney to now complete Question No. 17 on the original plea form, which … not an environment that promotes an ample and pressure-free atmosphere to ask and answer questions between counsel …
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… Submitted March 27, 2019 - Decided May 16, 2019 Before Judges Koblitz, Currier, and Mayer. On appeal from … principles of law, we affirm. Plaintiff, a grape farming company based in Napa, California, owns property in the … that the distance between the billboard – a variance-free permitted use – and nonconforming residences in the …
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… Submitted April 11, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … N.J.S.A. 2C:39-7(b). On March 18, 2016, the trial judge commenced defendant's sentencing hearing. Defendant … arrest, handcuffed, or had any reason to believe he was not free to leave. Obviously, defendant knew he was a person not …
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… private property. The police suggested the locker search by company personnel be conducted in the presence of a police … they belong to the Company employees, contractors or visitors. The Handbook also contains a Workplace Violence … Federal Constitutions guarantee the rights of persons to be free from unreasonable searches and 8 A-1309-16T1 seizures." …
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… and he positively identified defendant as the man who committed the armed robbery. Defendant was subsequently … purpose and third-degree unlawful possession of a weapon, together with the dismissal of the remaining charges. The plea … June 12, 2013, acknowledged that he was exercising his own free will to plead guilty and that he understood he was …
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… Submitted June 2, 2022 – Decided June 29, 2022 Before Judges Gooden Brown and Gummer. On appeal from the … the terms of the plea agreement, the State agreed to recommend a sentence not to exceed twenty years in prison, … obtaining his high school diploma, and remaining infraction free while incarcerated, mitigating factors eight, nine, and …
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… Submitted January 6, 2021 – Decided March 1, 2021 Before Judges Whipple, Rose and Firko. On appeal from the New … night. Appellant was called by another CNA to report to the common bathroom to assist D.S., who had soiled herself. D.S. … resident of a long- term care facility "has the right to be free from abuse, neglect, misappropriation of resident …
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… Submitted October 5, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from an … are constrained to remand again for the trial court to complete the task we previously assigned. See Tomaino v. … "with great frugality and in none but a clear case free of doubt." Tomaino, 364 N.J. Super. at 234–35 (quoting …
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… cell phones, and a 3 A-0605-21 bag containing "green vegetation." Court documents with Palmer's and his attorney's … all of the guns and ammunition seized in the searches and compared them to the ten bullet and cartridge cases … probative as to some fact of consequence, the jury would be free to make the impermissible, unduly prejudicial inference …