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… Argued April 10, 2019 — Decided May 1, 2019 Before Judges Alvarez and Mawla. On appeal from Superior Court … the defense would be seeking the charges, which the State ultimately conceded. The trial judge then addressed and … 1. That . . . defendant or defendants were in the course of committing a theft; 2. While in the course of committing …
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… Submitted April 8, 2019 – Decided April 29, 2019 Before Judges Messano and Fasciale. On appeal from Superior … following oral argument. Later, she issued an order accompanied by a written statement of reasons. The judge … account." 384 N.J. Super. 197, 202 (App. Div. 2006). In ultimately ordering [p]robation to include interest, id. at …
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… Submitted October 17, 2018 – Decided April 22, 2019 Before Judges Ostrer and Currier. On appeal from Superior … dismissed count two, charging second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:15-1(a). … While the "normal trial objective [is] . . . a search for ultimate truth," State v. Briley, 53 N.J. 498, 506 (1969), …
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… Submitted May 14, 2019 – Decided June 13, 2019 Before Judges Yannotti and Natali. On appeal from Superior … of CDS with intent to distribute). The State agreed to recommend a sentence of three years of incarceration, with one … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b); Porter, …
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… Submitted May 28, 2019 – Decided June 10, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … DEFENDANT'S FIFTH AMENDMENT RIGHTS, AND/OR THE NEW JERSEY COMMON LAW PRIVILEGE AGAINST SELF-INCRIMINATION. POINT IV … consequences of a refusal to submit to a breath test. When ultimately asked whether he would submit to breath samples, …
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… Submitted January 10, 2019 – Decided July 30, 2019 Before Judges O'Connor and DeAlmeida. On appeal from the New … use variance and site plan approval. After the NJSEA staff commenced public hearings, MEPT withdrew its application … here, we discern no reason to conclude the Board's ultimate decision to deny appellant's motion was arbitrary, …
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… Argued November 1, 2017 – Decided Before Judges Fuentes, Manahan and Suter. On appeal from … found sufficient evidence to support the charges and recommended that both Varga and Jarema be terminated. Sheriff … de novo hearing equivalent to a new trial. The motion judge ultimately applied a 7 A-5250-14T3 level of review that …
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… CABLE AMERICAN, INC., and NORTH AMERICAN CABLE EQUIPMENT COMPANY, INC., Defendants-Respondents, and RUSSIAN MEDIA … Argued April 30, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … However, given the nature of the motion, Judge Salas ultimately declined "to take a position on the validity of …
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… Argued February 4, 2019 – Decided March 8, 2019 Before Judges Messano, Fasciale and Gooden Brown. On appeal … The federal court stayed that matter pending the outcome of this appeal. 4 A-1557-17T4 1. NJTA's Lack Of Candor … will enable a reviewing court to set forth a more informed ultimate resolution of the competing interests at stake. The …
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… Submitted March 25, 2019 – Decided April 12, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … . . . [D]efendant ignored several traffic signals and committed multiple motor vehicle violations. When . . . … disregard for her safety and the safety of others." Ultimately, the court determined the prosecutor's rejection …
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… Submitted January 10, 2019 – Decided April 8, 2019 Before Judges Whipple and DeAlmeida. On appeal from the New … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2007-31369 and 2009-2736. … agency decision with deference, and will not reverse the ultimate determination of an agency unless the court …
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… Submitted October 16, 2018 – Decided Before Judges Yannotti and Rothstadt. On appeal from Superior … and hands. H.P and M.S. testified that, after hearing the commotion, H.P. came out of his room. He tried to get … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). Where, as …
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… Submitted October 17, 2018 – Decided Before Judges Fuentes, Accurso and Vernoia. NOT FOR … and Kayla. The facts are fully set forth in Judge Wright's comprehensive twenty-nine page opinion, and need not be … of a number of offenses, even offenses for which he, ultimately, served jail or prison time; and that, in a …
njcourts.gov
… Argued February 15, 2017 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from … appoints the majority of the Turnpike Authority's Board of Commissioners and designates the Chairman and Vice Chairman, … timely appealed the decision to the Tax Court, which ultimately ruled in favor of defendant on summary judgment. …
njcourts.gov
… Submitted November 30, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the … pursuant to Rule 3:25-3, defendant moved to dismiss the complaints containing the charges that were later subsumed … of one or some of the factors is not conclusive of the ultimate determination of whether the right has been …
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… Submitted November 1, 2017 – Decided Before Judges Fuentes, Manahan and Suter. On appeal from … relative to our determination. Upon a report of citizen complaints that there was a dead body in defendant's … "that fucking bitch" and urinating in his pants. The search ultimately lead to the discovery of human remains, later …
njcourts.gov
… Submitted October 30, 2017 – Decided Before Judges Ostrer and Rose. On appeal from Superior Court … to a new trial based upon newly discovered evidence. In a comprehensive oral opinion issued on January 8, 2016, Judge … change the essence of the claims set forth and that were ultimately decided by the Appellate Division." …
njcourts.gov
… ESQ., Defendants-Respondents, and FRAZER EVANGELISTA & COMPANY, LLC, and RALPH J. EVANGELISTA, Defendants. Argued … and that [collection] case was still ongoing until it was ultimately [resolved ten] months later. That is an … Bergen, 450 N.J. Super. 286, 290 (App. Div. 2017) (quoting Teamsters Local 7 v. State, 434 N.J. Super. 393, 413, 416 …
njcourts.gov
… Submitted October 10, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … of his rights, and thereafter provided a different, but ultimately incriminating, account of what occurred. … The law provides that a person is guilty of an attempt to commit a crime if the person purposely does anything …
njcourts.gov
… Argued September 27, 2017 – Decided Before Judges Fuentes, Manahan and Suter. On appeal from … August 1, 2013, to provide proof of a written mortgage commitment in the amount of $150,000, in furtherance of her … was no need to account for any waste, that the price that ultimately sold for the house was reasonable under the …