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njcourts.gov
… there was not substantial evidence that would have supported the variances." We accord substantial deference to … declared: A court should sustain a local zoning board's determination to grant a zoning variance if that board's … focused on the surrounding properties in making that determination and found the development with the granted …
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njcourts.gov
… ACT WAS FLAWED. II. Our role in reviewing final agency determinations is "limited." Allstars Auto Grp., Inc. v. N.J. … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … N.J. 19, 27-28 (2007)). When reviewing an agency's final determination, the appellate court is limited to considering …
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njcourts.gov
… [N.J.S.A. 39:3-4] or [N.J.S.A. 39:3-8.1]. Our jurisdiction supports an interpretation of N.J.S.A. 39:6A-4.5 whereby strict, title ownership is not necessary to support a finding of ownership under the statute. See … the negligent driver who caused him significant losses." In support of his argument, plaintiff contends Caviglia, a case …
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njcourts.gov
… A-0400-17T4 THE VERDICT OF AGGRAVATED MANSLAUGHTER WAS NOT SUPPORTED BY THE EVIDENCE AND SHOULD IN THE INTEREST OF … that lens, the record also reveals sufficient evidence to support a jury's finding that the State proved beyond a … deferential standard of review to the judge's sentencing determination, we find no error in the judge's identification …
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njcourts.gov
… OR EMBARRASSMENT VIS-À-VIS IT AND THE BANKRUPTCY COURT SUPPORTED A FINDING THAT THE PROCEEDS WERE IN CUSTODIA 4 … or any other court of competent jurisdiction has made a determination with respect to the priority between the … of the Bankruptcy . . . [o]rder indicates that it made no determination as to the order of priorities between [the] DBR …
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njcourts.gov
… A-0331-17T2 AND ALSO CONSIDERING THOSE SAME CONVICTIONS IN SUPPORT OF AGGRAVATING FACTOR NUMBER THREE – THE EXTENT OF … 2C:4-4(b); Purnell, 394 N.J. Super. at 47-48.] The determination of whether a defendant is competent to stand trial is a determination of whether he understands his position and can …
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njcourts.gov
… Defense counsel also filed a supplemental brief in support of defendant's petition. On March 8, 2011, without … unless "a defendant has presented a prima facie [case] in support of post- conviction relief." State v. Marshall, 148 … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53-54 …
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njcourts.gov
… I. The parties were married on October 6, 1996, and no children were born of the marriage or legally adopted. On … in the trial court which sought, among other relief, a determination that defendant's share of plaintiff's TIAA/CREF … had discarded; and the award of attorney's fees. In support of her motion, plaintiff submitted a certification …
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njcourts.gov
… during the search should be suppressed. In his testimony supporting the issuance for the warrant, Sheffrin stated … to be cocaine. We are satisfied that the judge's determination to deny the suppression motion was based on the … was ample evidence presented for a jury to render its determination of guilt. "[A] motion for a new trial is …
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njcourts.gov
… response to their disagreements over parenting of their two children. As proof, plaintiff presented several text message … 2C:25-19(a)(15) and -19(a)(13), and issued a FRO. In support, the court determined plaintiff's testimony was … and emails exchanged between defendant and plaintiff to support the allegations of the predicate offenses-harassment …
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njcourts.gov
… Ibid. She also said defendant was the father of her three children. Defendant elected not to testify. Ibid. However, … TO SUPPRESS EVIDENCE BECAUSE THERE WERE INSUFFICIENT FACTS SUPPORTING A FINDING OF PROBABLE CAUSE. 6 A-3216-15T2 POINT … had always provided money to pay the rent and support their children. She replied, "Always." She stated that she never …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … particularly reprehensible. And if the [c]ourt makes that determination from the undisputed record in this case, the … in nothing other than bodily injury. So I'm making the determination as a matter of law, based on the undisputed …
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njcourts.gov
… another factor that bears on value and is recoverable if supported by sufficient proof. See Restatement, § 928(a) … is impractical or impossible . . . [s]o long as the record supports a reasonable 8 A-2142-17T3 estimate of damages, … (App. Div. 2002). We agree with the trial judge's sound determination that the claim for the diminution in value …
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njcourts.gov
… co- defendant Wadley and radioed dispatch for additional support. Detectives Stewart Owens and Jose Gonzales arrived … a hearing" after having had an opportunity to review the supporting documentation provided by the State. Ibid. In … urges us to make different credibility or factual determinations than the motion judge made. We see no basis to …
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njcourts.gov
… and particularized suspicion of criminal activity that supported Hanrahan's stop of the taxicab. The court also … this appeal, defendant argues: POINT I THE TRIAL COURT'S DETERMINATION THAT THE POLICE OFFICER HAD A VALID BASIS TO … disagreement with the trial court's credibility determinations and factual inferences is not a basis for …
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njcourts.gov
… HER SON HAD RECEIVED COMPROMISED DEFENDANT'S RIGHT TO OFFER SUPPORT FOR HIS CLAIM OF THIRD-PARTY GUILT, VIOLATING HIS … [innuendoes], and factual assertions she knew were not supported by the established facts of the DNA or scientific, … Therefore, the record supports the PCR court's determination that defendant failed to present a prima facie …
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njcourts.gov
… II THE PATROLMAN DID NOT ARTICULATE SPECIFIC REASONS TO SUPPORT AN ORDER TO THE PASSENGERS TO ALIGHT FROM A VEHICLE … 378 (1995)). Therefore, we review the trial court's legal determinations de novo. State v. Evans, 235 N.J. 125, 133 … provide more detailed findings of fact with regard to its determination that the vehicle stop also was justified by the …
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njcourts.gov
… compelling precedents, nothing in appellants' arguments supporting their right to an adjudicatory hearing warrants … despite the more than three-year delay in the agency's determination of their request for an adjudicatory hearing, … Amplification. It is axiomatic that our review of agency determinations is limited, and "[i]t is settled that '[a]n …
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njcourts.gov
… Defendant argues that no evidence was provided at trial to support a self- defense jury charge even though defendant's … 289 (1974)). As we said in Romano, integral to a court's determination of whether a defense of necessity applies is … N.J.S.A. 2C:44-1(b)(8). In 17 A-1886-19 reaching the determination that this factor did not apply, the judge relied …
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njcourts.gov
… or did not address, so long as those arguments are in support of the trial court's order." State v. Eldakroury, … cross-appeal because we do not deem the argument to be "in support of the trial court's order." Ibid. 8 A-3954-18T3 … could have used the vape-pen to instead ingest nicotine. To support his point that [defendant] allegedly used the …