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… See N.J.S.A. 2C:12-1. If a reasonable view of the evidence supports a view that such circumstances may exist, the jury … See N.J.S.A. 2C:12-1. If a reasonable view of the evidence supports a view that such circumstances may exist, the jury …
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… a reasonable doubt, but rather, the evidence admitted in support of this defense should produce in your mind a firm … to the jury, the verdict sheet should specify the jury's determination regarding each of them. Page 1 of 4 PAGE Page 2 … to the jury, the verdict sheet should specify the jury's determination regarding each of them. … Promoting Gambling - …
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… a reasonable doubt, but rather, the evidence admitted in support of this defense should produce in your mind a firm … a reasonable doubt, but rather, the evidence admitted in support of this defense should produce in your mind a firm …
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… crime. Although the Court found it unnecessary to make a determination of this issue, the authorities referred to in … pursuant to lawful authority or legal justification cannot support a false imprisonment action. Genito v. Rabinowitz , … crime. Although the Court found it unnecessary to make a determination of this issue, the authorities referred to in …
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… 2C:21-2.1(d). If there is evidence that is raised to support that defense, the jury should be instructed that the … 2C:21-2.1(d). If there is evidence that is raised to support that defense, the jury should be instructed that the …
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… whether the facts and circumstances shown by the evidence support any inference and you are always free to accept them … � N.J.S.A. 2C:21-32b(1). � N.J.S.A. 2C:21-32b(2) � Final determination of the degree of offense shall be made by the … sold or possessed.2; 3 2 N.J.S.A. 2C:21-32b(2) 3 Final determination of the degree of offense shall be made by the …
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… the selling price of real property involved in a judicial determination of its assessed value is usually a guiding … information and applied it accordingly. The argument in support of the Municipality’s motion to vacate is that: 1) … have proceeded to trial. The Municipality cites no law in support of their argument, and the court knows of none. …
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… beyond a reasonable doubt." Notwithstanding the BCPO's determination, on February 2, 2017, the municipal court judge … charges in the absence of sufficient admissible evidence to support a conviction." [citation omitted.] This appeal … FACP's decision not to pursue a prosecution because the determination "was tainted by the conflict [Brennan is …
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… she acted recklessly. Defendant's admission does, however, support an inference that she was mentally competent at the … committed at SOMC is probative evidence that would support a finding that defendant was mentally competent when …
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… have not asserted the trial court's findings are unsupported by the motion record. In fact, the Orange defendants cite to the trial court's opinion as support for significant portions of the statement of facts … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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… it is "arbitrary, capricious or unreasonable, or [] not supported by substantial credible evidence in the record as … failed to show her assets were transferred for fair value. Supported by substantial and credible evidence, the …
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… pat down, and the search incident to defendant's arrest was supported by the requisite levels of either articulable … omitted).] We will "reverse only when the trial court's determination is so clearly mistaken that the interests of … that of others was in danger. Terry, 392 U.S. at 27. The determination is fact sensitive and requires an evaluation of …
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… arbitrary or there is a lack of substantial evidence to support them." NYT Cable TV v. Borough of Audubon, 230 N.J. … the Tax Court has ruled that the Director cannot base a determination of whether the Unreasonable Exception has been … [D]irector (through general regulation or case-by-case determination) before departing from the general rule of …
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… defendant's testimony and found the video did not support it. The judge noted the video did not show the 6 … boils down to a disagreement with the courts' credibility determinations. We generally defer "to trial courts' … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… the spring term. The Tribunal affirmed the Deputy's determination, finding as follows. Claimant has worked for … court would come to the same conclusion if the original determination was its to make, but rather whether the … (citation omitted). "If the Board's factual findings are supported 'by sufficient credible evidence, courts are …
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… 201, 214 (App. Div. 1995), we reversed the trial court's determination that expert testimony was unnecessary. We … claims. We recognize that an AOM is not required to support a breach of contract claim that does not implicate a … defendants breached that standard, an AOM was needed to support plaintiffs' claims. D. Finally, we reject …
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… sentencing arguments. Our review of sentencing determinations is governed by a highly deferential standard. … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). … offenses. Further, defendant's prior drug convictions support the application of the mandatory extended-term …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … articulable basis to stop the Davis vehicle, is legal determination, not a factual one, to which we owe no … of defendant's vehicle was not valid, the judge made no determination relative to the constitutionality of the …
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… to disposition on the papers. In her affidavit submitted in support of her motion, Quiroga averred that "[she] filed the … BY FAILING TO PROVIDE A WRITTEN OR ORAL OPINION IN SUPPORT OF ITS DECISION TO GRANT SUMMARY JUDGMENT RESULTING … of the rule is to make sure that the court makes its own determination of the matter." In re Tr. Created by Agreement …
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… Defendant testified to the following factual basis in support of his guilty plea. He admitted to being at a TD … 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 …