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… Argued November 27, 2017 – Decided Before Judges Accurso and Vernoia. On appeal from Superior … offense. N.J.S.A. 2C:39-5(b). A third-degree offense is committed when there is unlawful possession of a "handgun in … judge. Id. at 485-86. As found by the Court in Kovack, the "best accommodation of 'pragmatic necessity' and 'essential …
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… Submitted March 20, 2018 – Decided Before Judges Yannotti and Carroll. On appeal from Superior … L.F. returned to the pub in Manville. J.B.'s sister, J.B.'s best friend H.E., and defendant were also 1 In this opinion, … apparently in a joking manner. They told him to stop and he complied. At some point, H.E. noticed that J.B. was not in …
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… child support, and granted Antoinette Chandler's motion to compel payment of child support arrears, modify child … the cost of the extracurricular activities shall be revisited. 39. POST HIGH SCHOOL EDUCATIONAL PROVISION: The … whether reached by consent or adjudication, embodies a best interests determination. It is only when such a …
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… Defendant. Argued May 22, 2018 – Decided June 7, 2018 Before Judges Yannotti, Mawla, and DeAlmeida. On appeal from … Kizner, of counsel and on the briefs). PER CURIAM In this commercial landlord-tenant dispute, defendant FIN … pleadings are to be liberally granted, they nonetheless are best left to the sound discretion of the trial court in …
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… Submitted April 24, 2018 – Decided Before Judges Yannotti and DeAlmeida. On appeal from Superior … and Morris); count six: second-degree conspiracy to commit aggravated arson, N.J.S.A. 2C:5-2, N.J.S.A. … plea offer, leaving her "with no clear guidance about her best course of action." Defendant further alleged that as a …
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… Submitted May 3, 2018 – Decided Before Judges Haas and Rothstadt. On appeal from Superior … defendant "just stared at her and it made her feel really uncomfortable[,]" but he did not touch her. After completing … v. Cesare, 154 N.J. 394, 411-12 (1998)). The trial court is best suited to assess credibility, weigh 9 The Law Guardian …
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… Submitted January 25, 2018 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … to purchase an item for another person, both patrons must come to the register with the items so that the items could … and unfathomable and unlawful things that are not in their best interest all the time. . . . In this case, if the …
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… Submitted December 18, 2018 – Decided May 1, 2019 Before Judges Rothstadt and Natali. On appeal from Superior … and they agreed to meet at a diner on December 10, 2014 to complete the transaction. Pope drove to the diner with the … argument. Because "[u]ltimately the trial court is in the best position to determine whether the jury has been …
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… Submitted January 30, 2019 – Decided April 23, 2019 Before Judges Vernoia and Moynihan. On appeal from Superior … if defendant defaulted on his payments or failed to comply with the lease terms. To exercise this provision, … plain and ordinary meaning,'" Kieffer v. 15 A-1409-17T1 Best Buy, 205 N.J. 213 (2011) (quoting M.J. Pacquet, Inc. v. …
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… Argued December 18, 2018 – Decided March 15, 2019 Before Judges Rothstadt and Natali. On appeal from the New … (GRC) dated April 26, 2016 and January 31, 2017, and accompanying interim orders. Complainant Jeff Carter maintains … his or her own e-mails for responsive records is, at best, a conclusory statement unsupported by anything 16 …
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… Submitted January 14, 2019 – Decided March 5, 2019 Before Judges Fasciale and Gooden Brown. On appeal from the … appointments. In 2012, the New Jersey Office of the State Comptroller released a report2 identifying numerous local … to ascertain the Legislature's intent, and "generally, the best indicator of that intent" are "the statutory words," to …
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… telephonically January 30, 2019 – Decided May 17, 2019 Before Judges Haas and Sumners. On appeal from Superior Court … Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access, related to his conviction for … OF PLAINTIFF'S REQUEST WITHOUT FURTHER PROCEEDING, IN [THE] BEST INTEREST OF JUSTICE. B. DEFENDANT BCPO FAILED TO CARRY …
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… Argued March 5, 2019 – Decided March 25, 2019 Before Judges Fisher, Hoffman and Geiger. On appeal from … in Asbury Park Village with his grandmother. After coming home from work, he received a phone call from Eric … exactly what he was saying. He had just witnessed his best friend get killed in front of him. And for other …
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… Submitted January 10, 2019 – Decided August 16, 2019 Before Judges O'Connor, Whipple and DeAlmeida. On appeal from … THE "YES/NO" QUESTION THAT WAS POSED: "IN THE COURSE OF COMMITTING THE ROBBERY DID THE DEFENDANT USE, 7 A-4211-16T4 … to voir dire individually the other members of the jury best remains a matter for the sound discretion of the trial …
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… DIVISION DOCKET NO. A-4347-15T1 BAY HEAD-MANTOLOKING LAND COMPANY, Plaintiff-Appellant, v. BEVERLY KONOPADA, Clerk of … Argued August 1, 2017 – Decided Before Judges Sabatino, O'Connor and Whipple. On appeal from … of Lyndhurst, ___ N.J. ___, ___ (2017) (slip op. at 45). At best, plaintiff is a mere bystander to the other property …
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… THE GREATER CHARGES AND THEREBY ENCOURAGED IMPROPER COMPROMISES. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. ART. … and IV of defendant's arguments, which require that we revisit issues similar to those that guided our consideration … juror after considering that there had been only "[a]t best" about two days of deliberations, the delay caused by …
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… Submitted January 10, 2017 – Decided Before Judges Espinosa and Guadagno. On appeal from Superior … and the sentence imposed was excessive, especially when compared to the sentence imposed on a co-defendant who was … Rios was "long acknowledged as one of the department's best homicide detectives" and indicated other officers and …
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… Submitted October 23, 2017 – Decided Before Judges Ostrer and Rose. On appeal from Superior Court … second degree sexual assault, and second degree attempt to commit sexual assault. Defendant was ultimately sentenced to … certifying the information therein was "truthful to the best of his knowledge." Defendant asserted, for the first …
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… Submitted May 4, 2017 – Decided July 6, 2017 Before Judges Lihotz and O'Connor. On appeal from Superior … over his anticipated testimony before trial, as well as a comment made by a prospective juror during jury selection. … Id. at 559. "Ultimately, the trial court is in the best position to determine whether the jury has been …
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… TOWNSHIP OF SOUTH HACKENSACK, NEW JERSEY MEADOWLANDS COMMISSION, TAIS HERNANDEZ, and AMY CHARTOFF, Defendants, … CHARTOFF, Defendant-Respondent/ Cross-Appellant. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 100 or so partygoers, she knew about ten of them. To the best of her knowledge, Chartoff never saw the driver. She …