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… v. BLAKE BERENBAUM, ESQ., and RICHMAN, BERENBAUM & NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … were gradually dismissed from the case; eventually the complaint itself was dismissed in its entirety. Some … Furthermore, plaintiff tried to move forward relying on the common knowledge doctrine and argued he did not need a legal …
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… Submitted February 14, 2022 – Decided May 4, 2022 Before Judges Sumners and Firko. On appeal from the Superior … his application to terminate his Megan's Law requirement of Community Supervision for Life (CSL) pursuant to N.J.S.A. … offense convictions in 2004 and is not a threat to the community. He contended that his 2011 and 2016 convictions …
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… Submitted May 11, 2022 – Decided June 9, 2022 Before Judges Hoffman, Whipple and Susswein. On appeal from … feet on the floor and pushing back." Another officer then completed the removal of the occupant; at that point, as he … plea agreement. In exchange, the State agreed to recommend a ten-year sentence with an eighty-five percent …
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… Submitted May 24, 2022 – Decided June 27, 2022 Before Judges Currier and Smith. On appeal from the Superior … 8, 2009. The court referenced the plea forms previously completed at the initial plea hearing and defendant executed … 2C:35-5(a)(1), and 2C:35-5(b)(11). The 4 A-2186-20 State recommended a flat, three-year prison term. On March 3, 2010, …
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… OF NEW YORK MELLON, f/k/a THE BANK OF NEW YORK as trustee for the benefit of the certificate holders of the CWALT, … We presume the parties are familiar with the long and complex procedural history and facts relevant to this … interfere with standing. Additionally, plaintiff properly points out that the defendant fails to set forth any grounds …
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… Submitted October 31, 2022 – Decided November 30, 2022 Before Judges Whipple and Smith. On appeal from the Superior … on defendant's failure to tell the police his brother was coming to pick him up. In addition, the judge found … same sentence. On appeal, defendant raises the following points in his brief: POINT I THE STATE DID NOT PROVE BEYOND …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … from an interlocutory order of the Division of Workers' Compensation, Department of Labor and Workforce Development, … A-2114-21 2 Ameribuilt Contractors appeals the workers' compensation judge's February 1, 2022 order disqualifying …
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… Submitted September 21, 2022 – Decided September 26, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior … attack upon a conviction by habeas corpus or any other common-law or statutory remedy. When petitioning for PCR, … Strickland, 466 U.S. at 690. The defendant "must overcome the presumption that the attorney's decisions followed …
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… Submitted November 14, 2018 – Decided Before Judges Suter and Firko. On appeal from Superior Court … denying his motion to vacate default and reinstate his complaint. Having reviewed plaintiff's arguments in light of … claiming he is not well. He has some health issues that he complained of, as a result of which he believes he's unable …
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… Submitted November 8, 2018 - Decided Before Judges Koblitz and Mayer. On appeal from Superior Court … criminal division manager (ACDM) of Hudson County recommended defendant be admitted into the PTI program. In the ACDM's recommendation, she wrote: Taking into consideration the …
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… APPEAL OF THE DENIAL OF KENNETH ERICKSON, JR.'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD (FPIC) AND … DUE PROCESS FORM OF REDRESS. We determine that sufficient, competent evidence supported the trial court's decision and … court's legal determinations, Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Contrary to …
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… Submitted July 3, 2018 – Decided Before Judges O'Connor and Moynihan. On appeal from Superior … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. In cases such as this, … sexual assault[, N.J.S.A. 2C:14-2(c)(4)]. The State would recommend, I think, to a second-degree, but treating it as a …
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… Submitted August 1, 2018 – Decided Before Judges Hoffman and Currier. On appeal from Superior … sufficient to relax the time limits." Id. at 580. "Absent compelling, extenuating circumstances, the burden of … show: "counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and . . …
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… Defendants. Argued April 18, 2018 – Decided July 24, 2018 Before Judges Alvarez, Nugent, and Geiger. NOT FOR PUBLICATION … argued the cause for respondent Vivian Lo, M.D. (Giblin Combs Schwartz Cunningham & Scarpa, attorneys; Christina M. … for the moving party to remold their argument to recite the points made in the original motion." She opined plaintiffs' …
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… Defendant-Appellant. Submitted March 21, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … him. He was charged with: first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a) or (b) (count … before interrogating him. Defendant raises the following points for our consideration: POINT I: THE TRIAL COURT ERRED …
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… Submitted June 4, 2018 – Decided June 12, 2018 Before Judges Whipple and Rose. On appeal from Superior Court … he observed a van travelling in the opposite direction "coming head- on at [him]." The two occupants were not … Shelton entered defendant's information into his vehicle's computer, and determined he had an outstanding traffic …
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… Submitted May 1, 2018 - Decided Before Judges Gilson and Mitterhoff. On Appeal from Superior … The plea agreement provided that the prosecution would recommend four years in prison without prejudice to the … that defendant was aware that the prosecutor's recommended sentence was four years in New Jersey State …
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… Submitted February 12, 2018 – Decided Before Judges Accurso and DeAlmeida. On appeal from Superior … admission to PTI. The Essex County PTI Program Director recommended that he be accepted into the program. The prosecutor rejected the recommendation. 3 A-4340-16T2 In an eight-page letter, the …
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… Submitted November 6, 2017 – Decided Before Judges Messano and Accurso. On appeal from Superior … and convicted by a jury of second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-2; second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. …
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… Submitted January 24, 2018 – Decided Before Judges Currier and Geiger. On appeal from Superior … assault, N.J.S.A. 2C:14- 2(c)(4), in exchange for a recommendation that he be sentenced as a third-degree offender … He stated he understood his sentencing exposure and the recommended sentence. He testified he was satisfied with his …