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Vol. 2, No. 33 DECISIONS ISSUED FEBRUARY 25, 1994 CONTRACTS 11-2-2694 Meadowview Condominium Association v. F & G Enterprises, Inc. and Frank Giannantonio and English Paving, App. Div. (4 pp.) Where condominium association’s counsel supposedly settled with counsel for defendants — a developer, who was sued in business and personal capacities, and a subcontractor — in a suit to correct faulty condominium construction, trial court erred in granting condominium’s motion requiring defendants to comply with settlement, since it was not certain whether the developer gave his attorney authorization to enter into settlement agreement. FAMILY LAW 20-2-2695 Pamela Z. Babbitt v. James B. Babbitt, App. Div. (14 pp.) Where wife sued for increased child support and alimony under R. 4:50-1 one year after divorce settlement, trial court erred in denying wife’s motion, since (1) trial court failed to consider the reduction in wife’s lifestyle, where her living costs were substantially reduced to $7,000 per month, from $20,000 per month during the marriage, and (2) wife’s motion was timely filed, because she made application within one year after she discovered what husband’s actual income was. CRIMINAL LAW AND PROCEDURE 14-2-2696 State v. Victor Cody, App. Div. (4 pp.) Trial court properly denied defendant’s motion for judgment of acquittal, since state’s proofs were sufficient to establish that defendant purposely or knowingly injured the victim, where defendant used force which caused the victim to suddenly fall to the ground, it can be reasonably inferred that defendant had the required state of mind to make him guilty of second-degree aggravated assault. 14-2-2697 State v. Jose Soto Irizarry, App. Div. (7 pp.) Where defendant was convicted of fourth-degree possession of a machete under circumstances not manifestly appropriate for its lawful use, trial judge erred in not declaring a mistrial, since prosecutor during summation commented on defendant’s decision not to testify at all during trial. 14-2-2698 State v. Francesco Romano, App. Div. (6 pp.) Trial court properly rejected defendant’s motion to dismiss his indictment on speedy trial grounds, since (1) defendant did not meet four-part test for failure to have a speedy trial, because, for example, defendant was not prejudiced since he did not serve any jail time and (2) reason for trial delay was that prosecutor’s office lost his file, which was not deliberate delay. 14-2-2699 State v. Vincent James Landano, App. Div. (54 pp.) Prosecutor violated felony murder defendant’s constitutional rights by suppressing evidence that (1) the state’s principal identification witness was under criminal investigation, (2) the state’s chief witness had been involved in a long-standing criminal venture with others with whom he had committed numerous armed robberies, (3) the only eyewitness to the shooting rejected defendant’s photograph and (4) a witness who might have seen the suspects before the shooting rejected defendant’s photograph, and there is a reasonable probability the trial outcome would have been different had this evidence been disclosed to the defense.

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