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… Plaintiff-Appellant, v. MARINA DISTRICT DEVELOPMENT COMPANY, LLC, d/b/a BORGATA HOTEL, CASINO & SPA, … a statute. The Palisades At Fort Lee Condo. Ass'n, Inc. v. 100 Old Palisade, LLC, 230 N.J. 427, 442 (2017) (citing … action (that is, the proffered reason is a pretext). To discredit the employer's proffered reason, however, the …
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… 20, 2018 3 A-0644-17T4 because it sought the easements to comply with a federal regulation requiring public access … is a barrier island stretching approximately eighteen miles along the Atlantic Ocean. Defendants own three separate … to the beach. U.S. Army Corps of Engineers, ER 1105-2-100, Planning Guidance Notebook 3-20 (2000). An appendix to …
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… from October 6, 2006 to October 5, 2013, when A.D. was less than thirteen years old, N.J.S.A. 2C:14-2(a)(1) (count … not to have contact with the victim, to register and comply with Megan's Law1 for life, 1 N.J.S.A. 2C:7-1 to -23. … failed to analyze the evidence under State v. Yarbough, 100 N.J. 627 (1985), or to provide its reasons. We find no …
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… Public Defender, attorney for appellant (Theresa Yvette Kyles, Assistant Deputy Public Defender, of counsel and on the … The judge also found that the search was valid under the community caretaking doctrine. She determined that the … 387, 401 (1978)); see also State v. Rose, 357 N.J. Super. 100, 103 (App. Div.), certif. denied, 176 N.J. 429 (2003); …
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… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 14-10-1112. Joseph E. Krakora, … that defendant employed "a screw and/or a shank" in the commission of the crimes, elevating the attempted escape and … in separate, unrelated episodes." State v. Yarbough, 100 N.J. 627, 644 (1985), cert. denied, 475 U.S. 1014, 106 …
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… got something out of his Yukon and motioned for Merrill to come with him into the porch. There, [defendant] gave … that leads us to conclude defendant could provide the requisite factual basis for a guilty plea.2 Consequently, a trial …
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… The law provides that a person is guilty of an attempt to commit a crime if the person purposely does anything … step in the course of conduct planned to culminate in the commission of the crime. . . . . The substantial step taken … court is the basis of an appeal, we will not reverse unless the appellant can show "plain error." R. 2:10-2. Plain …
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… August 1, 2013, to provide proof of a written mortgage commitment in the amount of $150,000, in furtherance of her … of the record and in application of relevant principles of law, and conclude they lack sufficient merit to … accountings. In re Estate of Yablick, 218 N.J. Super. 91, 100 (App. Div. 1987). Neglia filed exceptions to the …
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… v. ALLSTATE NEW JERSEY PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant-Respondent. … an automobile policy providing UIM coverage with limits of $100,000 per person and $300,000 per accident. After learning … damages decision made by the arbitrators," and that "unless [plaintiff] receive[d] [sixty percent] or more of the …
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… FOR OFFENSES WHICH THE JURY DID NOT CONVICT HIM OF COMMITTING. B. THE SENTENCING COURT ASCRIBED UNDUE WEIGHT TO … be a witness against himself.'" State v. P.Z., 152 N.J. 86, 100 (1997) (quoting U.S. Const. amend. V); see also State v. … during a custodial interrogation are barred from evidence unless the defendant has been advised of his or her …
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… Joseph Hutchko appeals from an order dismissing his complaint because it was filed one day beyond the two-year … statute of limitations may be based on equitable principles, such as the discovery rule, or estoppel." Id. at 524-25 … circumstances." R.A.C. v. P.J.S. Jr., 192 N.J. 81, 100 (2007). For example, equitable tolling has been applied …
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… Sally1 was seven years old when she began taking music lessons with defendant at his home studio. Sally's mom, … defendant gave Sally two dollars and a violin. Diane was uncomfortable with the gifts given by defendant to Sally. … applied the criteria established in State v. Yarbough, 100 N.J. 627, 643- 44 (1985), "in deciding whether to impose …
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… Division caseworker Jessica Ronan also testified. She commented she had been trained to recognize the "indicia" of … one Oxycodone and one Soma pill. Accordingly, the requisite proofs existed to establish defendant was under the …
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… of the record in light of applicable legal principles, we affirm defendant's convictions and sentence but … Defendant was arrested and searched. The police found $100 and a bag of heroin in defendant's pocket, and bags of … considerable leeway in closing arguments as long as their comments are reasonably related to the scope of the evidence …
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… driver's license had been suspended by the Motor Vehicle Commission (MVC) as a sanction, as opposed to a suspension … to reoccur, we have decided to address them here nonetheless. See Joye v. Hunterdon Cent. Reg'l High Sch. Bd. of … order, the violator shall be subject to a maximum fine of $100 upon proof that the violator has paid all fines and …
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… The order also provided that defendant should provide $100,000 of life insurance with the children as beneficiaries … Rucker III, we reviewed plaintiff's December 2011 motion to compel defendant to pay college costs and medical expenses … . . . to repeated and ongoing violations of [c]ourt [r]ules and processes at the expense of the rights of the …
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… the knife in connection with a late- night street robbery committed with five others — one brandishing a machete — of … sentences were consistent with State v. Yarbough, 100 N.J. 627 (1985), noting the judge relied principally on … twenty "are more like individuals in early and middle adolescence in their behavior, psychological functioning, and …
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… Because defendant was a juvenile when the offenses were committed, jurisdiction of his delinquency charges was … Miller, 205 N.J. at 127. We must affirm the sentence unless "the aggravating and mitigating factors found by the … Fuentes, 217 N.J. at 74-75; see also State v. Yarbough, 100 N.J. 627, 645 (1985). In applying aggravating factor two …
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… (DOC) upholding a hearing officer's finding that he committed prohibited acts *.306, conduct which disrupts or … Avant v. Clifford, 67 N.J. 496, 522 (1975). Nonetheless, an inmate is entitled to "adequate and specific notice … vague in all its applications." State v. Cameron, 100 N.J. 586, 594 (1985). However, when the law is …
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… Homel, on the brief). PER CURIAM By order to show cause and complaint in lieu of prerogative writs, plaintiffs Joel … his or her vote from the June 12, 2018 meeting." Nonetheless, plaintiffs and eleven 3 other attendees certified they … of this State.'" McGovern v. Rutgers, 211 N.J. 94, 99-100 (2012) (quoting N.J.S.A. 10:4-21). However, if the court …