10 results for 'judge:"Sabatino "'.
J. Sabatino finds that the board of education properly revoked a tenured teacher's license for unbecoming conduct because the teacher failed to demonstrate a constitutional violation, even though the tenure case had already been arbitrated, since the board provided formal written notice, and the teacher will get the chance to be heard at an administrative hearing. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: March 28, 2024, Case #: A-1280-22, Categories: Arbitration, Employment, Licensing
J. Sabatino finds that the trial court properly heard claims contending a Utah company refused to refund a deposit to a pet product supplier after a trade show was postponed due to the Covid-19 pandemic because the Utah company repeatedly solicited business from pet companies in New Jersey, and the original pet company contacted the Utah company years before the transaction at issue.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: January 17, 2024, Case #: A-0429-23, Categories: Jurisdiction, Contract
[Consolidated, redacted.] J. Sabatino finds that the trial court properly convicted defendants of armed robbery of Poppie's Deli based on surveillance video that captured defendants taking the victim out of the building. Defendant was not prejudiced by the decision allowing the jury to view the video several times in slow motion because the court exercised proper discretion, and video playback occurred in open court within the presence of counsel. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: December 21, 2023, Case #: A-0377-20, Categories: Evidence, Robbery, Jury Instructions
[Redacted.] J. Sabatino finds that the trial court properly declined to remove two police officers from the jury in defendant's trial on assault charges alleging he choked his then-girlfriend and threw her off a boat into the Hudson River. The jurors do not serve as officers in the municipality in which the charges arose, and the simple possibility that officers interacted with the county prosecutor's office would constitute an overbroad reason for removal. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: November 16, 2023, Case #: A-2353-21, Categories: Jury, Assault
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J. Sabatino finds that the appellate division improperly convicted defendant of drug-impaired driving based on the testimony of a drug recognition expert because the expert examination contained some risk of confirmation bias and thus should not have been used as a per se test of guilt.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: November 15, 2023, Case #: A-56-18, Categories: Dui, Experts
J. Sabatino finds that the trial court properly ruled for a yacht club member who withdrew membership and sought return of his certificate of interest even if this meant he had to be paid back at a higher rate than he paid into the club. Members did not join the club strictly by the promise of a return on fees, and the club did not use certificates of interest as profit-making instruments. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino, Filed On: October 27, 2023, Case #: A-0557-22, Categories: Contract
J. Sabatino finds that the department of transportation properly held that a state roadway project constituted "modification" of the means of access to a commercial building rather than "revocation" or "removal" of access. Under the plan, the building would be accessed from the state highway by private easement. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: October 11, 2023, Case #: A-2564-21, Categories: Property
J. Pantano finds that the appellate division properly denied a transport company judgment in claims contending a mechanic was crushed while moving industrial equipment. The record was mixed as to whether the mechanic had been a borrowed employee working for the shipping company, and both sides agreed they did not want a new jury trial. Affirmed.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: June 5, 2023, Case #: A-19-22, Categories: Employment, Negligence
[Consolidated.] J. Sabatino finds that the appellate division improperly upheld defendants' convictions on marijuana and weapons charges based on evidence discovered when officers conducted a pat-down and searched the vehicle during a traffic stop initiated for a suspended driver's license. Prolonging the stop to wait for a drug-sniffing dog was not justified in light of the officer's uncertainty that he smelled marijuana. Reversed.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: May 30, 2023, Case #: A-4-22, Categories: Drug Offender, Search, Weapons