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… Submitted November 29, 2018 – Decided Before Judges O'Connor, Whipple and DeAlmeida. On appeal from … by Failing to Seek a Wade Hearing. c. The Trial Court Committed Reversible Error by Failing to Instruct the Jury … various offenses along with defendant, but Velasquez was ultimately acquitted of all charges. For purposes of this …
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… Argued March 13, 2018 – Decided July 25, 2018 Before Judges Carroll, Mawla, and DeAlmeida. On appeal from … in place there was illegal and had to be removed. The City complied with plaintiff's opinion, removed the temporary … plaintiff argued that her refusal to sign documents ultimately resulted in her termination, the court concluded …
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… Argued October 2, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … stopped at a red light, defendant, age fifteen, and an accomplice, R.J., jumped into her car. Defendant entered … with the time requirements of N.J.S.A. 2A:4A-26, but that ultimately his prospects for rehabilitation did not outweigh …
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… Argued January 30, 2018 – Decided May 22, 2018 Before Judges Fisher and Sumners. On appeal from Superior … Township police officers arrived in response to a noise complaint. After the friend identified himself, the police … 12 A-0866-16T1 albeit no matter the reason for delay, the ultimate responsibility to prosecute a case rests with the …
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… Argued April 27, 2017 - Decided Before Judges Lihotz, O'Connor and Mawla. On appeal from the … 2010, the Division of Pensions and Benefits (Division) commenced an investigation, which examined Platt's … This question requires statutory interpretation, which ultimately is a judicial responsibility. We accord no …
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… Defendant-Appellant. Argued May 16, 2018 – Decided Before Judges Alvarez, Nugent, and Currier. On appeal from … defendant to sign his Miranda rights waiver form, which he ultimately did, he said: "I just don't want to give the … of it but sold some to acquaintances to supplement his income, which, he said, despite his best efforts, was not …
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… Defendant-Appellant. Submitted March 7, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … activity. He also saw six or seven small rubber bands commonly used to package heroin on the floor of the vehicle. … are "probative of veracity, although [their] weight in the ultimate determination of probable cause may vary with the …
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… Argued October 20, 2016 - Decided Before Judges Lihotz, Hoffman and Whipple. On appeal from … 47:1A-1 to -13. Plaintiff John Paff requested a log of complaints against corrections officers who have worked in … causal nexus between plaintiff's litigation and the relief ultimately achieved"; and (2) "that the relief ultimately …
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… Argued November 28, 2018 – Decided Before Judges Nugent and Mawla. On appeal from Superior Court … Harvey argued the cause for appellant (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Donald M. Lomurro … a party raised no objection, and the testimony went to the ultimate issue in the case. Defendant also relies upon …
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… Argued March 28, 2022 – Decided April 25, 2022 Before Judges Mayer and Natali. On appeal from the Superior … and distribution of a controlled dangerous substance and ultimately pled guilty to a single charge of third-degree … for dismissal of the remaining charges, a 364-day recommended sentence as a condition of probation, a period of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … applied, against receiving such evidence from jurors is ultimately "based upon controlling considerations of a … recognition of the need to 'insure free debate in cases to come,' and to 'prevent the unsettling of verdicts after they …
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… Argued July 19, 2022 – Decided August 12, 2022 Before Judges Sabatino, Gilson and Susswein. On appeal from … [DEFENDANT] WAS GUILTY OF POSSESSING THE HANDGUN, AND THE ACCOMPANYING INSTRUCTION TO THE JURY THAT IT COULD FIND HE … the front and to the sides. [N.J.S.A. 39:3-74.] The Court ultimately ruled that under N.J.S.A. 39:3-74, "reasonable …
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… THOMAS BRODOWSKI, Plaintiff-Appellant, v. HUDSON COUNTY COMMUNITY COLLEGE, and DR. GLEN GABERT, … Argued on September 22, 2020 – Decided Before Judges Gilson, Moynihan, and Gummer. On appeal from the … a legitimate, nonretaliatory reason for . . . plaintiff's ultimate termination." The judge determined none of the …
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… Submitted November 18, 2020 – Decided Before Judges Whipple, Rose and Firko. On appeal from the … her car, she heard "whistling" and "talking sounds" coming from the left side of the house. She took care of her … to unhook it. He asked her to unhook it but she refused. Ultimately, he removed her bra by pulling it over her head …
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… Submitted March 16, 2022 – Decided March 25, 2022 Before Judges Sumners, Vernoia, and Firko. On appeal from the … denying his application for reinstatement, dismissing his complaint, and affirming the administrative decision. We … impossible for his fellow officers, his supervisors, and ultimately, the fact[-]finders in his cases to trust the …
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… Argued July 27, 2021 – Decided August 17, 2021 Before Judges Sumners and Firko. On appeal from the Superior … Owens, on the briefs). 1 Because we quote and discuss income and expense information from the parties' divorce … was reached in Dr. Berson's November 15, 2013 report, ultimately leading the prior judge to reduce Dr. Berson's …
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… Argued May 12, 2021 – Decided July 27, 2021 Before Judges Fuentes, Rose, and Firko. On appeal from the … domestic violence-related charges as a sanction for the complaining witness's recalcitrant behavior on the witness … without probable cause or was otherwise unreasonable. Ultimately, the court reiterated its earlier determination …
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… Submitted March 9, 2020 – Decided April 29, 2020 Before Judges Sabatino and Natali. On appeal from the Superior … motion for summary judgment and which dismissed the complaint with prejudice. Plaintiff sued Zolotorofe, his … litigation" and "generated two appeals . . . which ultimately concluded that the boundary dispute was a …
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… Argued September 11, 2019 – Decided August 11, 2020 Before Judges Koblitz, Gooden Brown and Mawla. On appeal from … the judge reduced the net by plaintiff's fifty-percent comparative fault found by the jury for a final judgment of … conjunction with the . . . specific awards by the jury, the ultimate outcome charge that was given to the jury, and what …
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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); … A-5276-16T4 prior case law, an expert could "testify to the ultimate issue of fact—whether a defendant possessed drugs …