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… to obtain defendant's chemical breath test results, which supported the DWI charge.1 The State provided discovery to … (App. Div. 1995), certif. denied, 145 N.J. 376 (1996). A determination that a defendant voluntarily waived the right to … the 437-day period upon which defendant relies in our determination as to whether his trial rights were violated. …
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… the crime, and his minimization of his conduct. In support of the panel's determination, it attached addenda, which included a … purchased 10 A-2306-15T1 by the deceased. His wife and children stayed in New Jersey. Trial testimony showed that …
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… he wasn't a citizen," and concluded defendant presented no support, other than his bald assertion, that he would not … have been considered, much less relied upon, to make his determinations in this matter. See Wallington Home Owners … proof" and "is entitled to no weight" in making factual determinations). Moreover, we agree there is no support in the …
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… defendant is entitled to an instruction on a lesser offense supported by the evidence regardless of whether that charge … to observe, without any scientific or similarly skilled determination. Id. at 294. It therefore adopted the rationale … were a "class match," leaving to the jury the ultimate determination. Reversed and remanded for a new trial. We do …
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… 192 N.J. 372, 386 (2007). Because our review of the record supports the dismissal of AHS's complaint under both … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … the breach of contract claim additionally requires a determination that defendants breached the lease by causing …
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… expert's "testimony to be simply incorrect," providing no support for her determination that the Board's "expert testimony and opinion … (1995) (Handler, J., dissenting). We will not upset the determination of an administrative agency absent a showing …
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… arguments to warrant discussion. R. 2:11-3(e)(1)(E). II. In support of its argument that the State Board acted … When the plain language of the statute does not guide our determination, we seek "further guidance only to the extent … [we] would come to the same conclusion if the original determination was [ours] to make, but rather whether the …
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… pursuant to N.J.A.C. 1:1- 12.5. The cross-motions were supported by voluminous certifications, exhibits, and the … and "unexplained" of the allegations. Appellants did not support their "blanket statement" that investor funds spent … "bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting …
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… methodology, calculation of the CTA first requires a determination of the net taxable gains. The Rockland … return is determined. The CTA calculation must include all supporting information and documents necessary for the Board … the CTA is not a rate, but rather just one element in the determination of rates. NJAW makes similar arguments to …
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… further concluded that defendants failed to provide any supporting evidence to establish that plaintiff violated … we give "no 16 A-3753-19 special deference to the legal determinations of the trial court." Newton Med. Ctr. v. D.B., … its construction of a contract, appellate review of that determination is de novo."). We "give 'no special deference to …
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… was afforded an opportunity to present evidence in support of his application. On November 29, 2018, the … In re Herrmann, 192 N.J. 19, 27 (2007). The "final determination of an administrative agency . . . is entitled to … "ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …
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… advice of its counsel, that it was duty bound to "make a determination on the face of the complaint as to whether any … of proceedings before the Board contained testimony that supported this factual finding. However, we do not have … supporting any allegation of wrongdoing, supports the determination that they were not reciprocal events." The LFB …
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… However, the court found the only evidence offered in support of this contention, the testimony of T.M. and … admitting the records of T.M.'s Facebook account, its determination that T.M. was the person communicating under the … conclusions. We also find no error in the trial court's determination regarding the admissibility of the Facebook …
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… would receive "$50,000 per year" as continued spousal support upon the decedent's passing. In May 2003, Seifert … to pay his obligation to the Estate. In a 10 A-0443-17T4 supporting certification, Farina's counsel asserted that his … a "clear abuse of discretion," only "disturb[ing] a fee determination . . . 'on the rarest of occasions . . . .'" …
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… The trial judge acknowledged that she received letters in support of defendant's good character, which implicated … but 9 A-4322-17T4 declined to find that the factor was supported in this case. Specifically, the judge stated: I am … 15 (1990). Our review of a sentence is limited to whether determination of the sentencing factors was appropriate, …
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… with prejudice. According to counsel's certification in support of the motion, because "more than sixty days ha[d] … Part VIII, inclusive, shall be construed to secure a just determination, simplicity in procedure, fairness in … the inquiry. We consider whether the record supports a determination that plaintiffs demonstrated good cause for the …
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… found the officers' testimony "factual, credible, and supported by the record." 5 Although the trial occurred … watery eyes, and smell of alcohol, and make credibility determinations to conclude defendant was operating the vehicle … Defendant attempted to undermine Waller's probable cause determination based on his administration of the field …
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… Therefore, the court noted that "three of the five factors" supported the imposition of concurrent terms. Despite most factors supporting the imposition of concurrent terms, the … "[l]ike any Yarbough analysis, the sentencing court's determination regarding consecutive and concurrent terms in …
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… the court's order and remand for further proceedings. I. In support of his motion for leave to file the late notice of … of claim presents an "entirely distinct" issue from the determination of the claim's accrual date. Beauchamp, 164 N.J. … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the …
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… at which time the landlord shall present specific reasons supported by any data or information he [or she] chooses to … years due to geese infestation, as they attack her grandchildren, and excrete "thousands of pieces" of feces. Lopes … before the Board justifies the conclusion that its determinations were arbitrary, capricious, and unreasonable, …