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… would forward a portion of those commissions to Janice. In support of this claim, the grand jurors were presented with … BECAUSE THE STATE PRESENTED A PRIMA FACIE CASE IN SUPPORT OF ALL EIGHT COUNTS. POINT II THE STATE HAD NO … must 'demonstrate that evidence is clearly lacking to support the charge.'" State v. Graham, 281 N.J. Super. 413, …
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… the sake of completeness, we conclude the record does not support his contention that the court did not set forth its … court's findings of fact "so long as those findings are supported by sufficient evidence in the record." State v. … suppression motion embody a mixture of factual and legal determinations, and the significance, under search-and-seizure …
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… person she had sex with during the period of time at issue, support the inference that defendant's sperm was present in … N.J. at 625. B. We review a "trial court's 'sentencing determination under a deferential [abuse of discretion] … defendant was sentenced, and the basis for the court's determination that aggravating factor two applied, the court …
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… was not arbitrary, capricious or unreasonable and was supported by substantial credible evidence in the record. I … specific context of this case . . . the evidence [did] not support the conclusion that the sequence and timing of the … interpretation of 10 A-1880-17T3 a statute or its determination of a strictly legal issue." Russo, 206 N.J. at …
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… 2) the Board failed to make the necessary findings to support the c(1) variances granted; 3) the resolution failed … to the public good to its engineer for post-hearing determination; and 5) the applicants failed to present … 433 N.J. Super. at 252. However, a zoning board's legal determinations are subject to de novo review. Jacoby v. Zoning …
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… opinion, making detailed factual and credibility findings supporting her determination that defendant was guilty of simple assault. The … oral opinion, the judge made the following credibility determinations and findings of fact. Defendant and D.F. dated …
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… complaints, he testified that those complaints were supported by "objective measures" derived from his … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … 440, 443-44 (App. Div. 2006). "Where . . . the [agency's] determination is founded upon sufficient credible evidence …
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… raise the alibi shortly after arrest; (2) the alibi was not supported by independent objective evidence; (3) defendant … 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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… self-evaluation reports, and to regularly attend peer support meetings. Additional requirements included a … N.J.S.A. 45:1-21 for the violation or making findings in support of that statutory basis. He contends the Board's … Final Order because it did not have substantial evidence to support its order, and it made no findings. He contends the …
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… counsel represented that defendant had strong family support and would reside with his mother and brother, who … ends when a trial court's factual findings are not supported by sufficient credible evidence in the record." … that were relevant to the court's pretrial detention determination. Certainly, if defendant has a viable claim of …
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… pursuant to inevitable discovery," as the record does not support a finding that the police would have inevitably … but presents a Fifth Amendment issue, involving a determination as to whether providing access to the object of … to address it and for the trial court to have made the determination. Witt, 223 N.J. at 419. Turning to defendant's …
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… briefs, and then the issues arising from the Rule 4:50 determination required by our limited remand. I The standard … 36, 59 (2015). We examine only those materials submitted in support of and opposition to the motion, and interpret the … favor reached that conclusion for the wrong reasons, that determination may still stand if the right reasons call for …
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… the trial court's finding of aggravating factor one is unsupported by the record. In a footnote, he asserts the … factors, determine which 15 A-4381-14T4 factors are supported by a preponderance of the evidence, balance the … and balance[d] aggravating and mitigating factors that are supported by competent credible evidence in the record." …
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… days during their absences. The grievants challenged the determination, and their appeals through the DOC's … review of the record and applicable law, we affirm PERC's determination holding an employee on leave collecting workers' … purpose of N.J.A.C. 4A:6-1.5(b) and the Civil Service Act support this conclusion. Before addressing the parties' …
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… – it looked like it had just come off a plant recently. To support his argument this testimony was problematic, … we have an organized crime here. We review sentencing determinations for abuse of discretion. State v. Robinson, 217 … at 363). We accord deference to the sentencing court's determination. Id. at 70 (citing State v. O'Donnell, 117 N.J. …
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… was transported to a hospital, where x-rays were taken. In support of her cross-motion for summary judgment, plaintiff … was not, as a matter of law, unreasonable. As further support for her decision, the judge cited North Bergen's … complex. The North Bergen ordinance supports the judge's determination that defendant could not be held liable in this …
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… a Medical Examination Treating Physician's form in support of appellant's application for ordinary disability … "bound by an agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting … we will "not disturb an administrative agency's determinations or findings unless there is a clear showing …
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… likely that plaintiff was unable to see the pothole. This supported plaintiff's deposition 5 A-5269-17T4 testimony … and personnel unless a court concludes that the determination of the public entity was palpably unreasonable. … have been provided a public entity may be liable for its determination of priorities in the application of such …
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… statements. Defendant claimed he needed the reports to support a suppression motion and satisfy the standard for a … to trial judges when evaluating their evidentiary determinations. State v. Cole, 229 N.J. 430, 449 (2017). We … the sought-after "materials d[id] not pertain to the 'determination' of the charges 5 Molly is the street name for …
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… arguments: they did not have to obtain an affidavit to support their claims grounded in negligence against VLDG … engineer, they did not need an affidavit of merit to support claims of negligence against a project 2 Ferreira v. … of reconsideration. II. We review de novo a trial court's determination of a motion to dismiss under Rule 4:6-2(e). …