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njcourts.gov
… Submitted September 27, 2021 – Decided November 12, 2021 Before Judges Rothstadt and Natali. On appeal from the … aggravating factors three, the risk that the defendant will commit another offense; six, the extent of the defendant's … 522–23). Under the first exception, we must "'determine as best we can the intent of the Legislature [and] give effect …
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njcourts.gov
… Submitted September 16, 2021 – Decided October 4, 2021 Before Judges Fuentes, Gilson, and Gooden Brown. On appeal … The Foundational Documents Were Offered In Evidence, Before Completing Direct, Before Cross-Examination Of The Alcotest … Who Was Unable To Place Before The Trier Of Fact The Best Evidence. D. The Judge Failed To Control The Trial And …
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njcourts.gov
… Submitted January 5, 2021 – Decided Before Judges Yannotti and Natali. On appeal from the Superior … education and expenses proportionately based on their income, after each child applies for any and all scholarships, … business income on a multi-year basis would "yield the best estimate of an ongoing business income for support …
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njcourts.gov
… Submitted May 10, 2021 – Decided June 3, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … obtained dismissal of the remaining count in the complaint. See Villanueva-Arroyo v. Hous. Auth., No. … a substantive due process violation under the CRA. At best, and in the light most favorable to plaintiff, her …
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njcourts.gov
… Argued February 22, 2021 – Decided July 28, 2021 Before Judges Sabatino and DeAlmeida. On appeal from the … in a marked vehicle in an area of the municipality mostly comprised 3 A-5383-17 of summer homes. Because it was … type to defendant prior to trial. Tardio's testimony, at best, would have been duplicative of the testimony given by …
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njcourts.gov
… Submitted November 30, 2021 – Decided January 26, 2022 Before Judges Mayer and Natali. On appeal from the Superior … was separately charged with: 1) second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; 2) … I would choose consecutive sentences for [defendant]." As best as we can discern from the limited record provided, …
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njcourts.gov
… Defendant-Appellant. Argued November 26, 2018 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … varied from the State's proofs, the assistant prosecutor recommended that the court refrain from entering defendant's … Super. 46, 51 (App. Div. 1998).] These determinations are "best made" through an evidentiary hearing. Ibid. [Porter, …
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njcourts.gov
… alternative, additur. Plaintiff also asked the court to revisit its decision denying his directed verdict on the issue … N.J. Super. 48, 53-54 (2003) (finding the purposes of the Best Practices discovery deadlines – establishing credible … and rationale based on a showing of nothing more than a coincidence and a theory based on speculation and …
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njcourts.gov
… his wife, Plaintiffs-Appellants, v. AMICA MUTUAL INSURANCE COMPANY, Defendant-Respondent. … Argued October 18, 2018 – Decided Before Judges O'Connor and DeAlmeida. On appeal from Superior … its rights to subrogation. That offer was misleading, at best, given counsel's knowledge that Iellimo had already …
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njcourts.gov
… 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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njcourts.gov
… Submitted January 31, 2019 – Decided Before Judges Simonelli and DeAlmeida. On appeal from Superior … bright-line try-or- dismiss rule," instead continuing its commitment to a "case-by-case analysis" under the Barker … has acknowledged "that facts of an individual case are the best indicators of whether a right to a speedy trial has …
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njcourts.gov
… 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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njcourts.gov
… 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 …
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njcourts.gov
… Submitted November 4, 2019 – Decided Before Judges Sabatino and Natali. On appeal from the Superior … defendant's convictions for second-degree conspiracy to commit armed robbery, first-degree armed robbery, and … that he would have been exonerated was "speculative, at best." Judge Curry also rejected defendant's claim that his …
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njcourts.gov
… November 22, 2019 – Decided December 20, 2019 Before Judges Mayer and Enright. On appeal from the Superior … this appeal. In December 2017, defendant was charged with committing a number of offenses against five prepubescent … agreement. It is well established that: the trial judge is best suited to determine an appropriate and fair sentence …
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njcourts.gov
… HOMEOWNERS ASSOCIATION, INC., Defendant-Appellant. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … consolidated for purposes of this opinion, arise out of a complaint filed by plaintiff Flemington Fields Condominium … look[s] to the statutory language, which generally is the 'best indicator' of the Legislature's intent." Ibid. (quoting …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …