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… the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … When reviewing a board's decision, we presume its factual determinations to be valid, and we will only reverse if the … of the record regarding surrounding lot sizes and an unsupported finding that the current use is non-conforming; …
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… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, … requires that an expert 'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. … in the record[,]" or an 14 A-5623-14T3 "opinion that is unsupported by the factual record or . . . contradicts that …
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… relating to the variances "are without legal or factual support." The court further concluded, "A review of the … Ramsey, 51 N.J. Super. 520, 540-41, (App. Div. 1958). The determination of a zoning board is presumed to be valid. … We next address defendants' argument that the record lacks support for the trial court's conclusion that the Board …
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… in this case, the convictions must be reversed." To support this argument, defendant relies upon State v. … criminal restraint and the jury's verdict on that count was supported by adequate evidence on the record. Defendant's … for imposing a sentence, including the factual basis supporting its finding of aggravating and mitigating factors …
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… relied on 11 A-2121-16T1 defendant's statements to support his theory of the case – that defendant was not … court," and defers to the trial court's sentencing determination unless: "(1) the sentencing guidelines were … nonexistent mitigating factors and, consistent with that determination, sentenced defendant at the upper end of the …
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… ASSISTANCE OF TRIAL COUNSEL AND APPELLATE COUNSEL IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD, … whether there is substantial evidence in the record to support the findings of fact upon which the sentencing court … challenging the sentence was lacking. We conclude with a determination the PCR court did not err in declining to …
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… for the Villarauts then presented expert testimony in support of the application from professional engineer Thomas … decision regarding the validity of a local board's determination, "we are bound by the same standards as was the … such original jurisdiction as is necessary to complete determination of any matter on review." We may exercise such …
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… was present prior to the incident, immediately thereafter (supporting civil commitment), and currently." Dr. Weiss … presentation of his defense" as factor in competency determination). . . . The question of a defendant's ability to … charges. [Ibid.] Our review of a trial court's competency determination must be "typically, and properly, highly …
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… those arguments that the evidence does not reasonably support." State v. Reddish, 181 N.J. 553, 629 (2004). Thus, … As the judge found, the evidence did not reasonably support an inference that Vit and the other officers decided … the hotel or that defendant had attended it. There was no support in the evidence to suggest 11 A-3703-15T2 that the …
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… (2007)). We uphold those factual findings because they are supported by sufficient credible evidence in the record. … argument in his reply brief, the judge's factual findings support application of the inevitable discovery doctrine. … a sentence within the available range of sentences. That determination will be reviewed for reasonableness. The court …
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… information and, therefore, there was no privacy concern supporting non-disclosure of the 911 call. NJAM warned that … to "evaluate the entire 911 call in camera and make a determination that it should not be provided." Since there was … protective order was filed proactively to obtain a legal determination from the court balancing the public's right to …
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… was not the result of the member's willful negligence; 5 In support of this assertion, the Board cited not Stankowski's … the Board provides no basis for concluding that the FCE's determination in 2008 that Stankowski was capable of … 435 N.J. Super. at 584. The Board made no such requisite determination. Nonetheless, the Board credited Dr. Berman's …
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… to consider a report entitled "Report Concerning the Determination of Bright and Varick Study Area as an 'Area in … During the meeting, no members of the public spoke in support of or objection to the Plan. By resolution dated … and the hearing are to assist the Board in its determination of whether the area is appropriate for …
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… appellant argues the trial court's order was not supported by admissible credible evidence and was arbitrary, … his knowledge of local conditions and his discretion supported by the facts. Not only did the chief here have … . . . ." Based on its factual findings and credibility determinations, the court found Calabrese had shown by a …
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… the following facts from evidence the parties submitted in support of and opposition to the summary judgment motion. … to prosecute precluded him from making a probable cause determination. Nonetheless, after reviewing the detective's … to rely on the municipal court judge's probable cause determination. According to the judge, based on DeLorenzo's …
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… set forth . . . are improper, groundless and not supported by any existing law . . . ." Defendant moved for … summary judgment decision. We disagree with the judge's determination that the Act preempted plaintiff's state law … Super. 502, 508-09, (App. Div. 2008)). As a threshold determination, "[a] lack of standing . . . precludes a court …
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… judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … marks omitted). Thus, we will reverse the trial court's determination of whether to allow a defendant to withdraw a … review of the plea hearing transcript supported his "determination that there was an adequate factual basis for the …
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… independent judgment before approving it, and the affidavit supporting the search warrant contained statements that were … Turning to the issue of whether the search warrant was supported by probable cause, the motion judge found the … is required to pay substantial deference to the judge's determination" of probable cause. State v. Dispoto, 383 N.J. …
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… did not alert the jury that evidence in the record supported all four elements of the affirmative defense. … available to defendant unless there is evidence in the case supporting all of the four requirements and not merely one, … motion for acquittal. We see no reason to disturb that determination. Affirmed. … STATE OF NEW JERSEY VS. RICHARD …
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… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the 14 A-0808-18T2 … Div. 1963)). However, our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. …