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… was ineligible for PTI. Defendant did not appeal the PTI determination. Instead, he pled guilty to third-degree … (1977)). A trial judge may overrule a prosecutor's PTI determination "only when the circumstances 'clearly and … 386 N.J. Super. 569, 578-80 (App. Div. 2006), to support the claim "a defendant does not waive his rights to …
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… 232 N.J. 587, 589 (2018), which defendant cites for support. In fact, defense counsel asked the jury to consider …
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… WEIGHING OF THE AGGRAVATING AND MITIGATING FACTORS DOES NOT SUPPORT THE IMPOSITION OF AN AGGREGATE SENTENCE OF …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … was driving and he was intoxicated when doing so. His determination was supported by finding Sgt. Conforti gave credible testimony …
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… Ginsberg's October 2017 motion was procedurally flawed, supporting the Chancery judge's denial of the request to …
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… plaintiff "failed to direct this court to any case law in support of his contention that he is A-2014-16T1 7 entitled … precludes him from doing so. Further, we reject as unsupported the premise the original security agreement …
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… in and of itself be considered "agriculture" in order to support a favorable interpretation for the project but as an … original jurisdiction as is necessary to the complete determination of any matter on review." We see no merit to the … As a threshold matter, when reviewing a trial court's determination of the validity of an action taken by a land use …
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… State v. Natale, 184 N.J. 458, 489 (2005), absent a determination that the sentence was "clearly unreasonable," … be sure, it has been held that multiple victims alone may support consecutive terms. In Carey, the Court held that in … here differently because, in Carey, for example, two children lost their mother, two adults lost their …
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… and he enjoyed their camaraderie and 4 A-2082-16T2 support. That changed after plaintiff overheard a white …
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… to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of … attorney over an objection is based on speculation and unsupported by the record. Besides, the attorney bears some …
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… Enterprises, 266 N.J. Super. 662 (App. Div. 1993) does not support her argument. Allendorf requires that [a]party …
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… "at any time after the filing of the complaint, by motion supported by affidavit and with briefs . . . ." R. 4:69-2. …
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… North Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017) supports their position. In that regard, they cite to a …
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… LLC (Transcend), summary judgment based on the court's determination that when plaintiff was injured he was a … (2005) (citing R. 4:46-2(c)). The five-factor test for determination of a "special employer-employee relationship" is … authority to hire or discharge plaintiff. Because the facts supporting the five factors are similar to those cases where …
njcourts.gov
… arbitrary or there is a lack of substantial evidence to support them" because "[t]he judges presiding in the Tax …
njcourts.gov
… convictions. Defendant does not appear to dispute that determination. The court then appropriately pointed out … followed the sentencing guidelines, made findings that are supported by the record, and did not impose a sentence that …
njcourts.gov
… that gives rise to plaintiffs' malpractice claims. This determination, however, does not conclude our analysis. … of its objectives, namely, the promotion of conclusive determinations, party fairness, and judicial economy 11 … action. They also argue, without any competent factual support in the record, that they were not aware they had …
njcourts.gov
… (1977)). A trial judge may overrule a prosecutor's PTI determination "only when the circumstances 'clearly and … factors 1, 2, 4, 7, 14, and 17, and that those factors support the State’s position that [defendant] is not a …
njcourts.gov
… Designated counsel thereafter submitted a legal brief in support of the petition. Defendant raised six points: (1) …
njcourts.gov
… attorney's fees awarded. We reverse and remand for a new determination of the amount of attorney's fees to be awarded … summary judgment, was denied because a certification supporting the motion was not forwarded to the court. … 424 N.J. Super. 357, 367 (App. Div. 2012). Such "'determinations by trial courts will be disturbed only on the …