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3181 JORGE GRIJALBA v. MARIA FLORO -- rank: 359

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-9532-10. Ginarte, O'Dwyer, Gonzalez, Gallardo & Winograd, LLP, attorneys ... judgment, we apply the same standard under Rule 4:46-2(c) that governs the trial court. Wilson ex rel. Manzano ... occupants whose residency is established to be the predominant use"). 2 II. We start by addressing the law governing sidewalk liability ... with that imposition. [ 5 ] [ Stewart , supra , 87 N.J. ] at 158. Commercial landowners have that ability as well as the ability ... residential property owners are generally not liable for sidewalk injuries; (2) the Court has maintained the fundamental notion that commercial property ... residence or by residents," Merriam-Webster's Dictionary 1060 (11th ed. 2012). "Residence" has been defined as "the act or ...

docket:	a4563-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-03
status:	published
citation:	431 N.J.Super. 57 66 A.3d 226
Document Size:	54333

3182 /usr/local/share/www/libweb/collections/courts/appellate/a0805-18.opn.html -- rank: 359

... the evidence presented at trial. On the evening of December 2, 2015, defendant and her husband Nicholas Cooper were at their ... Cooper and others involved in this matter. A-0805-18T2 2 her black Chevrolet Cruz. The weather was cold and rainy ... for investigative detention and informed her of her Miranda rights.2 Brian Pesce, who at the time was a captain in ... dead. He ordered Appelman to take defendant to the station 2 Miranda v. Arizona, 384 U.S. 436 (1966). A-0805 ... her sister to pull over because defendant 'probably just want[ed] to talk.' She heard a loud noise and a scream ... Release Act (NERA), N.J.S.A. 2C:43- -7.2. The judge ordered that the sentences be served consecutively. ...

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3183 STATE OF NEW JERSEY v. KEVIN D. GOODE -- rank: 359

... Submitted: January 14, 2008 - Decided: Before Judges Collester and C.L. Miniman. On appeal from the Superior Court of New Jersey ... at 162. As to all of the other issues, R. 2:10-2 provides: Any error or omission shall be disregarded by the ... denied , 547 U.S. 1045 , 126 S. Ct. 1629 , 164 L. Ed.2d 342 (2006); State v. McCloskey , 90 N.J. 18 ... Ohio , 392 U.S. 1 , 88 S. Ct. 1868 , 20 L. Ed.2d 889 (1968); s ee also State v. ...

docket:	a4082-04
court:	njappellate
decided:	2008-02-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	45848

3184 LISA B. WALDORF v. JOHN H. WALDORF -- rank: 359

... to maintain a standard of living (footnote continued next page) 2 A-4798-15T4 the parties' financial circumstances, and reduced defendant ... of the JOD. The judge also found that defendant 'offer[ed] no objective proof' of plaintiff's cohabitation with J.M ... have totally disabled plaintiff since 2003. Waldorf, slip op. at 2. Defendant has not appealed from the order. 3 A-4798-15T4 After several adjournments,2 the plenary hearing limited solely to the issue of cohabitation ... the dispute. In a prior filing, plaintiff offered the consent 2 Plaintiff's appellate brief attributes the delay, at least in ... as joint bank accounts and other joint holdings or liabilities; (2) Sharing or joint responsibility for living expenses; (3) Recognition ...

docket:	a4798-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-14
status:	unpublished
citation:
Document Size:	48606

3185 STATE OF NEW JERSEY v. WILDEMAR A. DANGCIL -- rank: 359

... R. 1:38-3(d)(9)- (10). A-2118-20 2 text messages, one of which read, 'I saw someone peek ... was at her residence, in violation of a restraining order.2 Defendant approached Riley's car with a 'red gasoline container ... will fucking burn this car down.' Riley immediately shifted her 2 Although Riley had an active domestic violence restraining order against ... degree resisting arrest/eluding, N.J.S.A. 2C:29-2(b) (count one); fourth- degree contempt for violating a domestic ... conviction and sentence, he moved for direct certification under Rule 2:12-2 and renewed his objection to the hybrid virtual/in- ...

docket:	a2118-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-10
status:	Unpublished
citation:
Document Size:	66675

3186 NEW JERSEY OF YOUTH AND FAMILY SERVICES v. V.N.S. -- rank: 359

... s birth, Vera expressed a desire to parent her daughter. 2 She agreed to accept services from the Division. However, on ... Trenton Police Department that Vera and her then-boyfriend D.L. had been involved in a domestic dispute. D.L. beat and choked her and threatened to throw Queenie out ... aunt B.N. ("Barbara"). On March 14, 2007, Dr. Cherie L. Young performed a psychological evaluation of Vera and opined that ... her." Vera acknowledged her new baby was due on December l. According to Vera, when she turned eighteen in November, she ... appear on June 12, 2008, September 9, 2008, and December 2, 2008. Furthermore, she never provided any explanation for her ...

docket:	a4153-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-24
status:	unpublished
citation:
Document Size:	93641

3187 /usr/local/share/www/libweb/collections/courts/supreme/a-37-17.opn.html -- rank: 359

... intelligently waived his Miranda rights and held the statement admissible. 2 At trial, the State presented the testimony of the informant ... under the circumstances of this case. (pp. 21-25) 3 2. The trial court, however, did not consider two aspects of ... for the second-degree offense, arguing that the court inappropriately 2 considered his criminal record and evidence relating to charges as ... conducted an interview, which was audio-recorded and later transcribed.2 After asking defendant about his background and employment, Detective Ribeiro ... any questions. Anything you say may be used against you 2 Detective Ribeiro later testified that the Metro North Station’s ... 1) “that he has the right to remain silent”; (2) “that anything he says can be used against ...

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3188 STATE OF NEW JERSEY v. SHAQUANA COUNCIL -- rank: 359

... first-degree robbery, N.J.S.A. 2C:43-7.2, together with a concurrent sentence of nine months on the ... a plea or proceed to trial. R.P.C. 1.2(a). Nothing alleged by defendant rises to the level of ... and conclude that defendant's arguments are without merit. R. 2:11-3(e)(2). We add the following comments. In specifically reviewing ineffective assistance ... U.S. 668 , 689, 104 S. Ct. 2052 , 2065, 80 L. Ed. 674 , 694 (1984))). Further, the inherent difficulty in evaluating " ...

docket:	a3928-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-17
status:	unpublished
citation:
Document Size:	45579

3189 STATE OF NEW JERSEY v. STEPHEN BALOGH, JR -- rank: 359

... evidence to a grand jury. In Hogan , the Court "impos[ed] a limited duty on prosecutors, a duty that is triggered ... 1) Vickery's actions on the night in question and 2) Vickery's personal family problems was improper, highly prejudicial, and ... must determine whether admitting the testimony was plain error. R. 2:10-2; see State v. Macon , 57 N.J. 325, 336 (1971 ... that party had the power to produce the witness, and (2) the witness' testimony would have been superior to that of ... context of a jury charge, plain error requires demonstration of '[l]egal impropriety . . . prejudicially affecting the substantial rights of the ...

docket:	a2113-06
court:	NJ Superior Court Appellate Division
decided:	2008-10-21
status:	unpublished
citation:
Document Size:	107339

3190 RITA ROTHMAN v. BRUNO N. COLE, M.D. -- rank: 359

... Court of New Jersey, Law Division, Mercer County, Docket No. L-2268-11. Francis & Berry, attorneys for appellant (Hugh P. Francis ... when he inserted it, even though "[i]deally [he] want[ed] two leads." Defendant tested the pacemaker and determined that it ... Access and Responsibility and Patients First Act (Patients First Act), L. 2004, c. 17, codified at N.J.S.A. 2A ... N.J. Super. 477 , 486 (App. Div. 1998), certif. denied , 158 N.J. 74 (1999)), certif. denied , 165 N.J. 138 ... consider defendant's argument under the plain error standard, Rule 2:10-2, and are not convinced that Schneller's testimony regarding ...

docket:	a1838-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-21
status:	unpublished
citation:
Document Size:	44760

3191 STATE OF NEW JERSEY v. LOUIS MCGRATH -- rank: 359

... 72-12. James J. Markham, III, attorney for appellant. John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Jacqueline Choi, Assistant ... chemical breath test, N.J.S.A. 39:4-50.2. Defendant argues the conviction should be reversed because the officer ... standard statement under N.J.S.A. 39:4-50.2(e), which omitted mention that, if convicted, the court would ... chemical breath test, N.J.S.A. 39:4-50.2. Shouldis testified that shortly after 8:30 p.m., he ... as a mandatory consequence of a refusal conviction in 2010. L. 2009, c. 201, §§ 2, 5 (Jan. 14, 2010). There is no allegation that ...

docket:	a2929-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-21
status:	unpublished
citation:
Document Size:	28862

3192 State v. Robert Smith -- rank: 359

... This case can also be found at 167 N.J. 158. SYLLABUS (This syllabus is not part of the opinion of ... deprived the defendant of a fair trial. (Pp. 27-35) 2. The record is barren of any implication that the defense ... had dropped from what could have been 1,200 to 2,000 feet down to 75 feet or less with the ... the prosecutor improperly commented on defendant's right to silence, (2) that the prosecutor's summation exceeded the bounds of propriety ... afforded considerable leeway in their closing arguments. State v. Frost , 158 N.J. 76 , 82 (1999); State v. Harris , 141 N ... make vigorous and forceful closing arguments to juries. Frost , supra , 158 N.J. at 82; Harris , supra , 141 N.J. ...

docket:	a-115-99
court:	njsupreme
decided:	2001-05-08
status:
citation:	167 N.J. 158
Document Size:	97781

3193 ADELINA GAPAC v. VITREO-RETINAL ASSOCIATES OF NEW JERSEY, P.A. -- rank: 359

... – Decided Before Judges A. A. Rodríguez and C. L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-6820-05. Paul R. Garelick argued the cause for appellant ... of limitations. Judge Vincent LeBlon conducted a pre-trial Lopez 2 hearing to determine whether Gapac's complaint was timely. After ... We review an interpretation of law de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... denied , 551 U.S. 1177 , 128 S. Ct. 7 , 168 L. Ed.2d 784 (2007). Credibility findings are entitled to similar ...

docket:	a4053-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-16
status:	unpublished
citation:
Document Size:	22903

3194 STATE OF NEW JERSEY v. JUSTIN C. ANGELINO -- rank: 359

... 14 (App. Div. October 18, 2017) (slip op. at 1-2), certif. denied, 232 N.J. 389 (2018), wherein we affirmed ... a weapon.' While we were 'satisfied the record amply support[ed] the judge's findings on aggravating and mitigating factors,' we ... Early Release Act, N.J.S.A. 2C:43-7.2, sentence '[b]ecause the conspiracy A-3978-18T1 2 conviction should have merged with the robbery conviction under N.J.S.A. 2C:1-8(a)(2).' Id. at 11.1 We recounted that '[t]he charges ... biological father, with whom he had recently reconnected.' Id. at 2. When the crimes occurred, defendant had been residing with ...

docket:	a3978-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	15790

3195 STEVEN DORN v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 359

... 42 U.S.C. A. 1396r-5(d)(1) and (2); and N.J.A.C. 10:71-5.7(c ... v. Div. of Med. Assistance & Health Servs. , 154 N.J. 158 , 166 (1998) (citations omitted) (internal quotation marks omitted).] Before Medicaid ... U.S. 473 , 480, 122 S. Ct. 962 , 967, 151 L. Ed.2d 935 , 944 (2002)), certif. denied , 184 N.J. 209 ... Assistance & Health Servs. , 379 N.J. Super. 321 , 324 n. 2. (App. Div.), certif. denied , 185 N.J. 393 (2005). Nevertheless ... U.S. 473 , 480, 122 S. Ct. 962 , 968, 151 L. Ed.2d 935 (2002) ("Congress sought to protect community ...

docket:	a5311-04
court:	njappellate
decided:	2006-07-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	48174