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… file a motion to suppress. Defendant's second petition was supported only by a pro se brief and a copy of his trial … on May 26, 2017 denying the petition. The judge's order was supported by an eighteen-page written decision. In her decision, the judge reviewed the underlying facts supporting defendant's conviction. Her 5 A-2050-17T1 …
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… asserts he satisfied the requirements of Rule 4:50-1 in support of vacating the July 2018 amended judgment. The … well-reasoned findings of fact and conclusions of law in support of their determinations. Defendant's arguments are addressed to the …
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… 398 N.J. Super. 574, 599 (App. Div. 2008). The record supported the court's findings. Defendant's letter to the … and that this is the first Superior Court conviction hardly supports a finding of any kind of law[-]abiding life." … N.J. Super. 390, 397 (App. Div. 1991)). The record does not support the defense claim the court failed to consider the …
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… (quoting State v. Gaitan, 209 N.J. 339, 380 (2012)). Unsupported averments, however, do not establish a prima facie … A "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, … was the bald assertion in his certification submitted in support of his PCR petition that his counsel "failed to …
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… of the permit[']s issuance." Judge Brennan found sufficient support in the record for the Board's determination that plaintiff knew of the issuance of 6 … Div. 1979)). The Board's "function is to make the factual determination as to when an appellant knew or should have …
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… year time limitation. The judge rejected defendant's unsupported contention that "he was not provided with … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … that the trial court's decision constitutes a legal determination, we review it de novo." D'Agostino v. Maldonado, … that the probate court's judgment rests solely on its determination the deed is invalid. We disagree. We do not …
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… regarding an aggravating factor which did "not appear to be supported by the record." Id. at 4 A-0729-19T4 17. We … productive. Defendant's certification offered no facts to support the assertion that trial counsel was disinterested … PCR certification to the contrary was a bald assertion unsupported by the record or any other facts to support the …
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… the scores should be lowered. The record does not support the trial court's reduction of the PSA score for new … after the May 4, 2019 PSA was issued. Nor does the record support the trial court's conclusion that releasing … to prevent new criminal activity. The record does not support the motion court's finding that reinstituting the …
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… for his alcohol abuse. In a certification submitted in support of his PCR petition and motion to withdraw from his … Defendant has done so by virtue of the documents which support his petition. Additionally, in his certification, … 373. Doing so, we do not agree that the record on its face supported defendant's automatic rejection from PTI. That no …
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… written by-laws. 3 A-1256-19 In 2015, RSC could no longer support itself financially and discussed a potential merger … the facts and failed to provide adequate reasons in support of his summary judgment decision. We disagree and … for summary judgment is unable to file fully responsive supporting papers because critical facts are particularly …
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… the law, the judge's reliance on subsection (c)(5) is amply supported by the evidence and legally sound. We add the … PPH or FPIC. N.J.S.A. 2C:58-3(a)(1); (b)(1). "The initial determination of whether to grant a permit or an … We decline to second-guess Judge Oxley's well-founded determination that, at the time of the hearing, granting …
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… both the motor vehicle stop and arrest of defendants were supported by probable cause." The court considered the … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … of that information 'is an essential part of the determination of probable cause'" (quoting Smith, 155 N.J. at …
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… discovery. Defendant's arguments, however, were not supported by the record. For example, defendant alleged that … of the detectives said specifically in an affidavit in support of probable cause that there [were] two people in … was contained in documents, including the certification in support of probable cause 11 A-4737-18 which was appended to …
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… judge agreed with the municipal court judge's credibility determinations. Specifically, the Law Division judge noted … a completed application. The subsequent survey submitted in support of defendant's application showed a six-foot fence … judge concluded defendant is bound by the municipality's determination in 2015 that his home has two front yards due to …
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… and the governing legal principles, we affirm. The record supports the trial court's determination that the City's decision to repair potholes … and personnel unless a court concludes that the determination of the public entity was palpably unreasonable. …
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… the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" … and (b), and 10 A-4458-19 explain the factual basis supporting its findings. Fuentes, 217 N.J. at 73, 81. "It is … imposed was within the permissible sentencing range, was supported by the credible evidence in the record, and does …
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… primary residence. Melia administratively appealed that determination, and the Department transferred the matter to … ALJ issued an initial decision upholding the Department's determination that Melia was not eligible for the grants under … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey …
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… to protect plaintiff Z.A.S.C. Because those findings are supported by substantial credible evidence, we affirm the … called his mother. The parties married in 2015 and have two children. In August 2019, plaintiff filed for divorce, but … burn the marital home and their vehicles and leave the children homeless. Defendant also told plaintiff: "[I]t only …
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… to stop defendant, defendant's conduct at the stop supported the pat down, and Harper seized the gun under the … to a motion judge's factual findings "so long as [they] are supported by sufficient evidence in the record." State v. … revolver with several rounds in the chamber. Factors supporting an articulable and reasonable suspicion include a …