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… Argued September 7, 2017 – Decided Before Judges Rothstadt and Vernoia. On appeal from Superior … Under his negotiated plea agreement, the State agreed to recommend that the court sentence defendant as a third-degree … or admitted by the defendant." Id. at 476 (emphasis in original) (quoting Blakely, supra, 542 U.S. at 302, 124 S. …
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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 … of religious principles, race, color, ancestry, national origin, or sex. Gilmore, supra, 103 N.J. at 524. The Gilmore …
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… Argued January 25, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … could be lowered by up to 90 days served performing community service. L. 2002, c. 34, §17. 2 Additional … DWI conviction. The remaining portions of the sentence originally imposed in the municipal court were again imposed …
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… Submitted May 15, 2019 – Decided July 17, 2019 Before Judges Vernoia and Moynihan. On appeal from the … under a separate indictment – Indictment 98-06-0820 – which originally charged two counts of third-degree theft, … on November 13, 1998, in accordance with the State's recommended plea offer to an aggregate three-year State prison …
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… Submitted February 26, 2020 – Decided February 11, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the … motion practice, defendant whittled down plaintiff's original ten-count complaint to two counts: defamation/slander (count one) and …
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… Argued March 16, 2021 – Decided April 5, 2021 Before Judges Haas and Mawla. On appeal from the Superior … taking (counts three, eight, and eighteen); conspiracy to commit robbery (counts seven and seventeen); possession of a … CONVICTIONS. [Mitchell, slip op. at 11 (alterations in original).] We affirmed defendant's convictions and …
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… Submitted March 9, 2021 – Decided March 29, 2021 Before Judges Yannotti and Haas. On appeal from the Superior … On remand, the trial judge reimposed the 3 A-5526-18 original sentence. Defendant filed an appeal, and we … a petition for PCR, which the trial court held until the completion of the appeal. State v. Dykeman ("Dykeman III"), …
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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 … the event of loss or damage. Specifically, the valuation of original works of art and original posters would be at the …
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… Submitted March 10, 2020 – Decided April 21, 2020 Before Judges Hoffman and Firko. On appeal from the Superior … Thompson, and defendant with second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2, 2C:15-2(a) (count one); … as to shock the judicial conscience." [Ibid. (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
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… Argued March 2, 2020 – Decided April 13, 2020 Before Judges Fasciale and Mitterhoff. On appeal from the … relied on the contracts and terminated the employee for completely inconsistent reasons. On the one hand, the Board … Educ. Ass'n, 199 N.J. 319, 328 (2009) (first alteration in original) (quoting J.I. Case Co. v. NLRB, 321 U.S. 332, 336 …
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… Defendant-Respondent, Argued October 5, 2020 - Decided Before Judges Sabatino, Currier and DeAlmeida. On appeal from … PER CURIAM On leave granted, we consider whether plaintiffs complied with the requirements of the fictitious pleading … by its true name relates back to the time of filing of the original complaint.'" Baez v. Paulo, 453 N.J. Super. 422, …
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… Submitted October 21, 2019 – Decided Before Judges Sabatino and Geiger. NOT FOR PUBLICATION WITHOUT … MERS to plaintiff on February 3, 2014. Plaintiff filed the complaint on February 21, 2014. The assignment was recorded … to N.J.S.A. 14A:13-11. We disagree. Plaintiff was not the original lender. The Foreign Banks section under Article 44 …
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… Submitted September 16, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the … prior order entered on October 26, 2018. The October order compelled defendant to contribute to the college expenses of … the record is defendant's contention that the judge on the original motion failed to consider factor number four …
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… Submitted September 16, 2019 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … for the reasons expressed by Judge Philip E. Haines in his comprehensive written decisions. The underlying facts and … provided by Mr. Felder would be no more credible than his original trial testimony." Therefore, "[s]ince these …
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… Submitted November 8, 2021 – Decided December 17, 2021 Before Judges Messano and Enright. On appeal from the Superior … defendant Darlene Margulis, and dismissing plaintiff's complaint against them.2 We affirm, substantially for the … non-moving party." Friedman, 242 N.J. at 472 (alteration in original) (quoting Globe Motor Co., 225 N.J. at 480). We …
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… Argued November 17, 2021 – Decided December 16, 2021 Before Judges Gilson, Gooden Brown, and Gummer. On appeal from … summary judgment to the Borough and dismissing plaintiff's complaint with prejudice. We affirm. The indisputable … Plaintiff came home on September 23, 2015, earlier than originally planned. The following day, he argued with his …
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… Submitted January 5, 2022 – Decided February 3, 2022 Before Judges Geiger and Susswein. On appeal from an … Jamel Carlton, is facing trial for crimes he allegedly committed against his girlfriend. Those charges are … the trial of the remaining charges.'" Ibid. (alteration in original) (quoting State v. Chenique-Puey, 145 N.J. 334, 341 …
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… Argued October 28, 2021 – Decided January 18, 2022 Before Judges Alvarez and Mawla. On appeal from the Superior … of their health care benefit premiums based on annual income. N.J.S.A. 52:14-17.28(c). Included in Chapter 78 is … PBA Local 275, 213 N.J. 190, 201 (2013) (alteration in original) (quoting Middletown Twp. PBA Local 124 v. Twp. of …
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… Argued November 9, 2021 – Decided February 4, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior … facts from the record. On August 2, 2018, plaintiff filed a complaint in Burlington County against defendants Edward … of care). [Triarsi, 422 N.J. Super. at 114 (alteration in original) (quoting Couri v. Gardner, 173 N.J. 328, 334 …
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… Submitted January 31, 2022 – Decided April 21, 2022 Before Judges Sumners and Vernoia. On appeal from the Superior … and N.J.S.A. 2C:35-5(b)(1), with the State's agreement to recommend a sentence in the third-degree range and dismiss the … which a reviewing court cannot enjoy." Ibid. (alteration in original). III We first address defendant's argument that …