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… Submitted January 6, 2016 – Decided Before Judges Fuentes, Koblitz and Gilson. On appeal from … USE OF A DEFENDANT'S PRE-ARREST SILENCE, AND PROVIDED AN INCOMPLETE AND DEFECTIVE CHARGE ON THE USE OF A DEFENDANT'S … about the racial makeup of the venire or even the ultimate composition of the jury who decided the case. As …
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… the denial of his admission to PTI. The State agreed to recommend a non-custodial sentence and the imposition of a … 2008 Directive regarding offenses committed by out-of-state visitors from states where their gun- possession conduct … admission to PTI. Counsel noted that defendant could ultimately face prosecution for a second-degree offense if …
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… LLC, S&P MT. LAUREL, LLC, S&P TIMBERLINE, LLC, S&P MEDFORD, LLC and S&P TABERNACLE, LLC, Plaintiffs, v. SUNIL … the Shahs)1 in approximately a dozen limited liability companies (LLCs), each with the designation S&P. These … with respect to the bookkeeping fees "incredible," and ultimately she "lacked confidence in Sunil's testimony." The …
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… Submitted October 31, 2017 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … defendant at trial. The police questioned defendant and ultimately he confessed to the rape, murders, and attempted … statement informing the police that defendant had not come home until the early morning hours. Accordingly, the …
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… Submitted September 27, 2018 – Decided July 16, 2019 Before Judges O'Connor and Whipple. On appeal from the … II: THE JURY INSTRUCTION ON ARMED ROBBERY WAS CONFUSING, INCOMPLETE, AND INCORRECT; MOREOVER, THE CORRECTED 3 … and his cousin were subsequently stopped by the police and ultimately placed into custody that same day. 6 A-2871-16T3 …
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… Submitted May 28, 2019 – Decided July 8, 2019 Before Judges Fasciale and Gooden Brown. On appeal from the … scene, including a jacket containing dry cleaning receipts, ultimately led to defendant's apprehension. After … ineffective for fail[ing] to argue that [the] trial court committed reversible error by failing to instruct the jury …
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… Argued August 15, 2017 – Decided Before Judges Manahan and Gilson. On appeal from Department of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2007-32225. Donald F. Burke … supported by the 12 A-1988-15T4 evidence and supporting the ultimate conclusions and final determination, for the …
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… 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 …
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… 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 …
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… 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 …
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… 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. …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… Argued August 16, 2022 – Decided September 6, 2022 Before Judges Messano, Natali, and Smith. On appeal from an … to consider a petition filed by the Town of Clinton's water company (Clinton) alleging the Borough of Lebanon (Lebanon) … informal written decisions, or reasons given for the ultimate conclusion.'" (quoting Do-Wop Corp. v. City of …
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… SCHMIDT, Plaintiff-Appellant, v. ROBERT LAUB, as trustee for THE CAROL L. GLATSTIAN LIVING TRUST, derivatively on … and granting defendant's motion to dismiss plaintiff's accompanying verified complaint. Because we conclude the … of the Agreement and compensatory and punitive damages. Ultimately, the parties settled their dispute and executed a …