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- STATE OF NEW JERSEY VS. LASHAUN SMITH (17-12-2481, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Defendant-Appellant. Submitted October 7, 2020 – Decided Before Judges Alvarez and Sumners. On appeal from the Superior … to defendant. The Law Division judge issued a thorough, comprehensive, and cogent opinion denying defendant's … reduction from the forty years first imposed. We leave that ultimate decision to the judge's discretion. A court can …
- njcourts.gov… Submitted October 15, 2020 – Decided Before Judges Ostrer and Accurso. On appeal from the Superior … challenges his conviction of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5–2, N.J.S.A. 2C:15–1(a), and … argument for a change in the law, even if that argument ultimately succeeds in another case. See Bullock v. Carver, …
- STATE OF NEW JERSEY VS. W.B. (16-10-2932 AND 17-02-0479, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued November 5, 2020 – Decided Before Judges Fuentes, Whipple and Firko. On appeal from the … IN DENYING THE MISTRIAL MOTION BECAUSE OFFICER WILSON'S COMMENT THAT [W.B.] WAS RECENTLY IN JAIL WAS SO PREJUDICIAL … here in court regarding two specific things (1) that ultimate question, right, for the burglary charge, did the …
- njcourts.gov… Submitted December 7, 2020 – Decided Before Judges Rothstadt and Mayer. On appeal from the Superior … of narcotics, N.J.S.A. 2C:35-5(b)(3), the State would recommend time served and five years of probation for each … Id. at 533-34. We did not address whether the State would ultimately prevail in its prosecution of defendant on the …
- STATE OF NEW JERSEY VS. CLARENCE WILLIAMS (12-03-0728, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted January 12, 2021 – Decided Before Judges Haas and Natali. On appeal from the Superior … Vasquez, but then "spun right in front of [him, and began] coming straight in [his] direction, coming quick." Because … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
- ERMINA M. RADONCIC VS. AUTO HOLDING (L-4016-17, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted December 16, 2020 – Decided Before Judges Rose and Firko. On appeal from the Superior … from a September 27, 2019 Law Division order dismissing her complaint and entering judgment in favor of defendant Auto … the exhibits. There is no evidence regarding what price it ultimately sold at. The trial court found plaintiff was not …
- njcourts.gov… Submitted February 26, 2020 – Decided February 11, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the … defendant whittled down plaintiff's original ten-count complaint to two counts: defamation/slander (count one) and … and findings of fact and then substitute her own. Ultimately, the jury's "feel of the case" controls the …
- njcourts.gov… Argued October 13, 2020- Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Stacy McAvoy and Jeffery Alward (appellant)1, filed a complaint against multiple defendants, including seller … several times and discussed punch list items. Appellant ultimately bought the home for $750,000. Appellant never met …
- STATE OF NEW JERSEY VS. TYRONE STEPHENS (16-11-1427, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted January 26, 2021 – Decided Before Judges Yannotti and Haas. On appeal from the Superior … 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 … analysis of several variables. Id. at 288-89. However, "the ultimate burden remains on the defendant to prove a very …
- njcourts.gov… Submitted January 19, 2021 – Decided February 17, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … an argument that the trial judge did not adequately cure comments by the prosecutor that "portrayed the defendant and … [a]ssessing IAC claims involves matters of fact, but the ultimate determination is one of law." State v. Harris, 181 …
- njcourts.gov… Argued February 26, 2021 – Decided March 18, 2021 Before Judges Mayer and Susswein. On appeal from the Superior … Livingston Mall Venture (LMV) dismissing his complaint in lieu of prerogative writs in its entirety. We … parties and these parties are in fact 11 A-2097-19 its ultimate beneficiaries." Gallo v. Mayor & Twp. Council of …
- njcourts.gov… APPELLATE DIVISION DOCKET NO. A-2842-19 FRANK'S REALTY COMPANY, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT … Submitted January 19, 2021 – Decided March 17, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … sale of plaintiff's property to Village. Those negotiations ultimately failed. On March 18, 2019, Village submitted an …
- njcourts.gov… Argued February 11, 2021 – Decided March 11, 2021 Before Judges Yannotti, Mawla and Natali. On appeal from the … favor and against their insurers Great American Security Company (Great American) and Interested Underwriters at … of the loss differed substantially, the matter was ultimately submitted to the Umpire for resolution. After …
- njcourts.gov… Argued March 15, 2021 – Decided April 9, 2021 Before Judges Mayer and Susswein. On appeal from the Superior … was held by a family corporation, to a limited liability company wholly owned by Bharat. The circumstances leading to … negotiated between Bharat and the Administrator. Ultimately, they agreed upon a $4 million sale price for the …
- njcourts.gov… d/b/a CHRISTIANA TRUST, not individually but as a trustee for PRETIUM MORTGAGE ACQUISITION TRUST, … not cure his default, and on March 26, 2015, NRZ filed a complaint in foreclosure. Although defendant was served with … which was granted on February 8, 2019. The Sheriff's sale ultimately was rescheduled for April 2, 2019, and on April …
- GARY MCNICHOL VS. ROUTE ONE CORP., ET AL. (L-4514-17, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued June 8, 2021 – Decided June 24, 2021 Before Judges Yannotti, Haas, and Natali. On appeal from the … manager at the Toyota dealership. As a manager, plaintiff's compensation 3 A-2374-19 was based solely on the commissions … was consistently overdrawn on his commissions and Sansone ultimately had to "write off" over $25,000 of plaintiff's …
- njcourts.gov… Argued May 26, 2021 – Decided June 17, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … At the time, defendant was not speeding, nor did he commit any other traffic violations. 3 A-2271-18 … vial was located. The vials of suspected marijuana were ultimately sent to the lab for testing and three were …
- njcourts.gov… Deceased. Submitted May 12, 2021 – Decided June 30, 2021 Before Judges Alvarez and Geiger. On appeal from the Superior … of taxes to Conover's benefit. In May 2016, Lesso filed a complaint and order to show cause seeking an accounting, … on evidence properly available to him from the record. Ultimately, however, this does not affect the outcome. …
- njcourts.gov… Submitted February 3, 2021 – Decided June 28, 2021 Before Judges Ostrer and Vernoia. NOT FOR PUBLICATION WITHOUT … contends the trial court relied on insufficient and incompetent evidence, and the evidence did not support the … in the days immediately after December 25. Another worker ultimately interviewed her. After the Division rested, the …
- STATE OF NEW JERSEY VS. ERNEST MIGNOLI (19-011, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted March 1, 2021 – Decided July 7, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … and only cared about his own children. Captain Fahnholz ultimately left the area without finding the two girls. … Later that evening, defendant went to the APFD to file a complaint against Captain Fahnholz. Because Captain Fahnholz …