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njcourts.gov
… that he committed "a" predicate offense was not adequate to support his convictions under both N.J.S.A. 2C:39-7(a) … an unjust result" about this. See R. 2:10-2. The record supports that defendant agreed to the stipulation that he … We see no error in the application of this stipulation to support defendant's conviction under both statutes. Indeed, …
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njcourts.gov
… 1(b), finding that defendant failed to offer facts to support mitigating factors five, six, and nine. Examining … relies on State v. Hess, 207 N.J. 123, 154 (2011), to support the proposition that "failure to present mitigating … N.J. 596, 625 (1990). In sum, the record reveals nothing to support a finding that defense counsel's performance somehow …
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njcourts.gov
… 1(b), finding that defendant failed to offer facts to support mitigating factors five, six, and nine. Examining … relies on State v. Hess, 207 N.J. 123, 154 (2011), to support the proposition that "failure to present mitigating … N.J. 596, 625 (1990). In sum, the record reveals nothing to support a finding that defense counsel's performance somehow …
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njcourts.gov
… standard of care. We review de novo a trial court's determination of a motion to dismiss under Rule 4:6-2(e). … "[a]ssisted living" is defined as "a coordinated array of supported personal and health services, available … plaintiff was required to serve an appropriate AOM to support its complaint. The person executing the AOM must …
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njcourts.gov
… for defendant, and counsel filed an amended petition and supporting certification. Defendant claimed his attorney was … 203, 210 (1985)). The record supports the PCR's court's determination that defendant failed to establish he was denied … in the record to support the PCR court's findings and its determination that defendant had not shown he was denied the …
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njcourts.gov
… operator, secured facilities," that it "was not supported by substantial credible evidence in the record, as … provides us no basis to interfere in the Commission's determination that the "opening and closing of security doors … of custodial staff. 10 A-1871-18T3 The Commission's determination that the union did not present sufficient …
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njcourts.gov
… about it." [Id. at 2-4.] Defendant filed a certification in support of his PCR petition alleging ineffective assistance … was "no other independent or corroborating evidence" to support the claim defendant did not receive discovery or had … prior to the commencement of trial. Moreover, the record supports the judge's conclusion the matter was "thoroughly …
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njcourts.gov
… Lastly, the judge observed: [R]egardless of the ultimate determination as to the legality of the [Terry1] stop, the New … that offense, not during the course of the investigative determination. Therefore, the weapon was lawfully recovered. … namely the handgun." The judge issued a written opinion in support of her decision to grant the motion for …
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njcourts.gov
… whether sufficient credible evidence in the record supports the Law Division's decision." State v. Monaco, 444 … because there was no "articulable and reasonable suspicion" supporting the stop. We disagree. "Law enforcement officers … we are satisfied there was sufficient credible evidence to support the Law Division judge's finding the officer had a …
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njcourts.gov
… has merely put forth – put forth his own evidence to support the contention. He has not provided the Court with an affidavit from [the doctor] or trial counsel to support the contention. Furthermore, even if the Court were … 129 N.J. at 462–63. However, that principle does not support defendant's suggestion that in making an evidentiary …
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njcourts.gov
… State Interscholastic Athletic Association's ("NJSIAA") determination petitioner had violated the NJSIAA's … unless it is arbitrary, capricious, unreasonable, or unsupported by substantial credible evidence in the record. In … is neither arbitrary, capricious, unreasonable, nor without support in the record, we affirm. The NJSIAA is "an …
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njcourts.gov
… WOULD HAVE BEEN FOR THE BEQUEST TO GO TO [ANJ] IS NOT SUPPORTED BY ADEQUATE, CREDIBLE, AND SUBSTANTIAL EVIDENCE. … contacts with the national organization, the record supports the conclusion that an ambiguity existed as to … beneficiary was probably intended to be ANJ is well supported by the credible evidence in the record. See id. at …
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njcourts.gov
… judge rejected defendant's argument that the dashcam video supported his contention that Devito did not see the gun … we defer to the findings of fact and credibility determinations of the trial judge, recognizing that he or she … video. We decline to do so. We will defer to the judge's determination that Devito's explanation of his actions was …
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njcourts.gov
… it's not a violation. The photographs don't seem to support that. The [photographic] evidence . . . admitted . . … there is sufficient credible evidence in the record to support it. State v. Johnson, 42 N.J. 146, 162 (1964). … 474. However, when issues on appeal turn on purely legal determinations, our review is plenary. State v. Adubato, 420 …
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njcourts.gov
… counsel's brief and appendix. Defendant's certification in support of his PCR petition alleged that when he 2 N.J.S.A. … the withdrawal of this motion. Defendant's allegations are supported only by self-serving assertions and bare … with his services to you, sir? A. Yes. Defendant's unsupported assertions now that his attorney did not discuss …
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njcourts.gov
… it is "arbitrary, capricious or unreasonable," or is unsupported "by 6 A-0291-18T1 substantial credible evidence in … a single finder of fact receive all the evidence and make determinations based on all of the proofs." Ratti v. Dep't of … evidence as a reasonable mind might accept as adequate to support a conclusion,' and 'evidence furnishing a reasonable …
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njcourts.gov
… OF THE PAROLE BOARD WAS ARBITRARY AND CAPRICIOUS, AND NOT SUPPORTED BY CREDIBLE EVIDENCE. POINT II THE PAROLE BOARD … 30:4-123.53(a) (1982). 5 A-0191-18T1 In making its determination, the Board must consider all pertinent factors, … factors. The detailed reasons given by the Board in support of its decision show that it 8 A-0191-18T1 …
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njcourts.gov
… investigation by trial counsel would have revealed to support his claim that he fired gunshots at the fleeing … we agree with the State that his brief makes no argument to support the assertion. Thus, the argument is 9 A-1552-17T3 … affidavits, certifications, or other competent evidence to support the contention that his plea colloquy was …
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njcourts.gov
… the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … lack of enforcement did not act as a permanent estoppel. In support of that position, the trial court noted that the … the conditions of the 1994 variance. 10 A-0662-17T3 In support of its argument for equitable estoppel, Belmont …
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njcourts.gov
… decision affirming the Appeal Tribunal's August 25, 20171 determination that she was disqualified for unemployment … N.J. 197, 210 (1997). "If the Board's factual findings are supported 'by sufficient credible evidence, courts are … hearing. If this was, in fact, the basis for the Board's determination of good cause, we conclude it does not support a …