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… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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… decision not to suppress the show-up identifications was supported by his credibility findings that the Wade hearing … victim, there was an attempt applied to the theft, which supports a verdict of first-degree robbery. III In point II, … Div. 2003). We accept those findings of the court that are "supported by sufficient credible evidence in the record." …
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… 2 Sanfilippo was not questioned about his affidavit in support of the subpoena, and the affidavit was not admitted … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … omitted).] We will "reverse only when the trial court's determination is so clearly mistaken that the interests of …
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… lived in the house with his girlfriend Deanna, and her children. When Officer Lance spoke to Johnson, he confirmed … we accept a trial court's findings of fact if they are supported by 7 A-3864-17T4 sufficient credible evidence in … Applying these principles, we conclude that the judge's determination that Johnson was too intoxicated to request the …
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… purchaser and one from another individual to attempt to support its claim that a public records search would have … possession of the mortgaged premises." Citing a number of supporting cases, Judge Hodgson also observed that the … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. …
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… intent to distribute. He challenges various pre-trial determinations relating to the denial of a motion to suppress … should pay "substantial deference" to the discretionary determination of the judge who issued the warrant. State v. … the factual findings made by the Criminal Part judge in support of his ruling denying defendant's motion to …
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… "arbitrary, capricious and unreasonable" because it was unsupported by any credible evidence. 3 A-2467-15T1 On appeal, … any benefit of approval, and the court erred in its legal determinations. We conclude that defendant's and intervenors' … (1965)). In our review, we defer to a municipal board's determination. "[Z]oning boards, 'because of their peculiar …
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… is entitled to a charge on a lesser included offense supported by the evidence." State v. Short, 131 N.J. 47, 51 … offense included within attempted burglary and, having support in the evidence, should have been charged . . . . … In Short, the Supreme Court held that when evidence would support a conviction of a lesser included offense, but the …
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… motion, plaintiff could establish no material facts to support the causes of action it pleaded in its complaint; … Medical Assistance Act, N.J.S.A. 30:4D-1 et seq. and the Children's Health Insurance Program (CHIP) under Title XXI … of dental services an appeal process for certain Horizon determinations. 4 A-2923-15T3 Plaintiff provides dental …
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… the judgments of conviction, we concluded "the record fully supports the judge's determination that the total parole ineligibility for both … sentence on other charges. The current record contains no support for defendant's claim that the agreed upon jail time …
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… a letter providing a Statement of Compelling Reasons in support of his application. The letter noted defendant was a … factors, provided a synopsis of her reasoning and supporting caselaw regarding each factor and that the … of" his PTI appeal. The record 11 A-0625-15T1 fails to support this contention. Although the trial judge …
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… visitations with their three 1 The materials submitted in support of and opposition to the summary judgment include … of domestic violence commencing in 1998. 6 A-3744-15T4 children are supervised at a center for evaluation and … the commonality and propriety of affirming a valid determination entered on an erroneous basis).4 4 Reliance on …
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… opposition to Nationwide's summary judgment motion and in support of her cross- 7 A-2251-15T1 motion, Thompson averred … 520, 540 (1995)); accord R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … counsel has failed to present proper legal arguments in support of either of the two point headings. In both …
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… as "there is sufficient credible evidence in the record to support the findings." Adams, 194 N.J. at 203. In our view, … Finally, in Point V, defendant maintains the record supports a three-year sentence – not the four-years given – … identifies and balances the factors and their existence is supported by sufficient credible evidence in the record, …
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… THE SENTENCING COURT DID NOT CONSIDER MITIGATING FACTORS SUPPORTED BY THE RECORD AND BECAUSE DEFENDANT'S SENTENCE IS … offenses, was 13 A-4142-14T3 excessive because it was not supported by aggravating factors cited by the judge. … identifies and balances the factors and their existence is supported by sufficient credible evidence in the record, …
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… SENTENCING FACTORS WERE INCONSISTENT, UNEXPLAINED, AND UNSUPPORTED BY THE RECORD, AND THE SENTENCE WAS BASED ON THE … Were Inconsistent with the Mitigating Factor and Were Unsupported by the Record. B. The Sentencing Court Applied … has held aggravating factors three and nine "involve determinations that go beyond the simple finding of a criminal …
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… motion judge made the following assessment of the evidence supporting plaintiff's cause of action: Doctor Patel is the … must ground his opinion in fact, the opinion's evidential support is not limited to admissible evidence, treatises, or … the established rule that an expert's bare conclusions, unsupported by factual evidence, is inadmissible."). The rule …
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… or outside promise. The judge further found the plea was supported by a sufficient factual basis. "A trial judge's … is entitled to appellate deference so long as that determination is supported by sufficient credible evidence in the record." …
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… on the brief). PER CURIAM Petitioner challenges a determination by the Alternate Benefit Program (ABP) … directly related to his position at ECC. Finding no legal support for petitioner's argument, we affirm. I. Petitioner … or its determination of a strictly legal issue.'" Dep't of Children & Families v. T.B., 207 N.J. 294, 302 (2011) …
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… "particularly vulnerable or incapable of resistance." In support of this determination, the assistant prosecutor relied on 1 In … [s]tate 8 A-2957-17T1 of mind upon [defendant] that is not supported by credible evidence" and that the State's "only …