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- A-2433-19 Opinionnjcourts.gov… Submitted May 5, 2021 – Decided June 10, 2021 Before Judges Ostrer and Enright. On appeal from the Superior … for the reasons set forth in Judge Michael J. Donohue's comprehensive written opinion dated October 17, 2019. Judge … order on February 4, 2020. On appeal, defendant renews the arguments he raised before Judge Donohue, as …
- A-2767-19 Opinionnjcourts.gov… Submitted April 27, 2021 – Decided May 11, 2021 Before Judges Haas and Mawla. On appeal from the Superior … threatened to "throw her body in the river" if she did not comply. He also bit the victim's breasts and penetrated her … for his encounter with the victim. . . . Based on these points, it is unlikely that a motion to suppress would have …
- A-2838-18T1 Opinionnjcourts.gov… Submitted September 21, 2020 – Decided Before Judges Currier and DeAlmeida. On appeal from the … he could easily identify the robber because he had come to the gas station to try to sell him a bicycle three … from the gas station. According to Cruz, after defendant completed his purchase, he returned to the car. As Cruz …
- A-4881-18T4 Opinionnjcourts.gov… CONSTRUCTION, LLC, FLORIO ENTERPRISES, LIMITED LIABILITY COMPANY, 146-152 HAMILTON, LLC, 210-220 GOVERNOR, LLC and … CHARLES FLORIO, Third-Party Defendants- Respondents, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 16th Ave, Hamilton, and Governor, are limited liability companies related to Prime that own the properties on which …
- A-1006-18T2 Opinionnjcourts.gov… Submitted April 29, 2020 – Decided May 22, 2020 Before Judges Koblitz and Gooden Brown. On appeal from the … hearing. On appeal, defendant raises the following points for our consideration: POINT I THE PCR COURT ERRED IN … for the reasons expressed in Judge Robert Kirsch's comprehensive and well-reasoned written opinion. We …
- A-0137-19T4 Opinionnjcourts.gov… Submitted February 25, 2020 – Decided April 7, 2020 Before Judges Hoffman and Firko. On appeal from an … whether at the moment of seizure, the officer had at his command sufficient facts supporting a person of reasonable … police officer stopped the defendant and his three companions on the grounds of an elementary school at …
- A-4962-17T5 Opinionnjcourts.gov… DIVISION DOCKET NO. A-4962-17T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.M., SVP-51-00. _____________________________ … Submitted March 28, 2019 – Decided July 8, 2019 Before Judges Whipple and Firko. On appeal from the Superior … on the brief). PER CURIAM Petitioner, A.M., a civilly committed sexually violent predator, appeals from a June 25, …
- A-2113-18T2 Opinionnjcourts.gov… Argued January 21, 2020 – Decided February 4, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … is limited. R. 1:36-3. 2 A-2113-18T2 PER CURIAM In his complaint, plaintiff alleged that defendant violated his … accident—probable cause existed to charge plaintiff with committing these offenses. Plaintiff appeals arguing: POINT …
- A-2130-18T4 Opinionnjcourts.gov… Submitted December 17, 2019 – Decided Before Judges Yannotti and Currier. On appeal from the … Indictment No. 95-07-2488. Harbatkin & Levasseur, attorneys for appellant (Audwin Frederick Levasseur, on the briefs). … in 1995, and charged with second-degree conspiracy to commit murder, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. …
- A-4200-17T1 Opinionnjcourts.gov… Submitted April 1, 2019 – Decided April 10, 2019 Before Judges Haas and Mitterhoff. On appeal from Superior … will be made, ibid., so that the prosecutor can make a recommendation to the municipal court judge as to whether the … In addition to reviewing the municipal prosecutor's recommendation and the defendant's criminal record, ibid., the …
- A-4207-16T3 Opinionnjcourts.gov… Submitted November 1, 2018 – Decided Before Judges Whipple and DeAlmeida. On appeal from Superior … 2C:15-1; first degree felony murder while attempting to commit robbery, N.J.S.A. 2C:11-3(a)(3); first degree felony murder while attempting to commit kidnapping, N.J.S.A. 2C:11-3(a)(3); first 3 …
- A-4459-18T4 Opinionnjcourts.gov… Submitted May 11, 2020 – Decided July 10, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. A plea counsel's performance is … we are satisfied that the clear terms of the plea form in combination with the trial court's colloquy with defendant …
- A-2213-18T1 Opinionnjcourts.gov… Submitted May 26, 2020 – Decided July 9, 2020 Before Judges Sumners and Natali. On appeal from the Superior … card.3 He also noted seeing cigarillos, which are commonly used to smoke marijuana, inside the car. Burns … Burns also indicated he smelled a faint odor of alcohol coming from defendant's breath. Defendant denied marijuana …
- A-1801-14T2 Opinionnjcourts.gov… Submitted November 28, 2016 – Decided Before Judges Sabatino and Nugent. On appeal from Superior … credible evidence present in the record, our task is complete and we will not disturb the result. Id. at 162. Our … area." Defendant emphasizes the police heard no noises coming from that area and they had no information from 4 Our …
- A-5606-14T2 Opinionnjcourts.gov… Submitted January 31, 2017 – Decided Before Judges Yannotti and Gilson. On appeal from the Superior … to distribute. In the plea agreement, the State agreed to recommend a sentence of ten years of imprisonment with … fifty-four months of parole ineligibility. The plea also recommended that the sentence be served concurrent to any …
- A-2058-14T1 Opinionnjcourts.gov… Argued January 11, 2017 – Decided Before Judges Accurso and Manahan. On appeal from Superior … that defendant's mother reported that defendant had come home drunk, "began arguing with her, and at one point … her body, moving her arms around, refusing to follow . . . commands to stop screaming" and speak to the officers. …
- A-3880-14T4 Opinionnjcourts.gov… Argued January 19, 2017 – Decided May 15, 2017 Before Judges Fuentes, Simonelli and Gooden Brown. On appeal … pay $1205 per month ($280.23 per week) for child support, commencing July 1, 2007, and set his parenting time on … without jurisdiction to consider the arguments raised in Points 1 to 7 in defendant's merits brief relating to these …
- A-2010-14T4 Opinionnjcourts.gov… Submitted December 21, 2016 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … incarceration to deter his criminal behavior; and Cole's commission of numerous, persistent, and serious … with his prior criminal record and resulted in the loss of commutation time, confinement in detention and …
- A-3928-14T3 Opinionnjcourts.gov… ________________________________ Argued December 7, 2016 Before Judges Higbee and Manahan. Telephonically reargued … 3 A-3928-14T3 In March 2012, plaintiffs filed a one-count complaint alleging defendant was negligent in failing to … during the event. Thereafter, plaintiffs filed an amended complaint. After defendant filed an answer, it moved for and …
- A-1970-15T4 Opinionnjcourts.gov… Argued February 28, 2017 – Decided Before Judges Fasciale and Gilson. On appeal from Superior … and Sufficient to "Undermine Confidence" In the Outcome. POINT [II] Viewed In The Light Most Favorable to … at 408. We held that defendant's ten-day period to object commenced only after the production of both the 9 …