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… of law and dismissed the indictment with prejudice. In support of her decision, the trial judge relied on State v. … 4 A-0163-17T1 as part of a sentence. The judge also found support for her ruling in the legislative history of … the legislative history of N.J.S.A. 2C:40-22 does not support the trial judge's analysis and ultimate conclusion. …
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… attempt to color this event as a "bar outing" is not supported by the facts. While there was testimony indicating … as to whether Caroselli was visibly intoxicated." In support this claim, plaintiff relies on 7 A-0252-17T3 her … had been drinking, but submitted insufficient evidence to support a claim of visible intoxication. Thus, we affirm the …
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… of the witness and I find as a matter of this [c]ourt's determination that [E.M.] did testify credibly and I find as a … afforded great deference, especially in matters requiring determination of witness credibility. State v. Locurto, 157 … so long as there is substantial proof in the record to support them. Id. at 472. Such substantial proof is present …
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… dismiss, KVK must show a sufficient legal relationship to support its duty to indemnify. . . . . Here, KVK argues that … product and nothing more. Nothing in KVK's cross- claim supports that there's a sufficient legal relationship here … in not permitting an amendment or discovery to support such a relationship. Lastly, plaintiffs argue the …
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… SINCE THE COURT PREMISED THIS RULING ON THE INCORRECT AND UNSUPPORTED SUPPOSITION THAT PETITIONER'S IMMIGRATION STATUS … REGARDING COUNSEL'S DECISIONS AND CONDUCT THAT ARE NOT SUPPORTED BY THE RECORD OR BY ANY OTHER EVIDENCE, THUS … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… ownership of the weapon, "his [g]odmother would lose her children . . . to protective services." He also claimed plea … found: [Defendant] does not provide any facts which would support a conclusion that he was misadvised by his attorney … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… and continued a litigation knowing that there was no supporting evidence to support a defense." He requested defendant "not oppose … his motion for sanctions against defendant. We review a determination brought pursuant to Rule 1:4-8 under the abuse …
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… The DPP's later released recommendation report revealed a determination that Terco's bid was nonresponsive as to another … [s]upplemented and [a]mended [i]ts Phase One bid" lacked support in the record and disparately treated Phase Two … been 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as …
njcourts.gov
… State v. Carter, 85 N.J. 300, 314 (1981)). The record supports the trial court's determination that a new trial was not warranted based on … getting a reduced sentence for the drug offense. The record supports the court's decision that the JOC and plea …
njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … were disingenuous and misleading. That conclusion has ample support in the record, and we do not second-guess it. … evidence in the record to support the trial court's determination that defendant did not authorize the …
njcourts.gov
… G. Donahue, of counsel and on the briefs). Gita F. Rothschild argued the cause for respondent (McCarter & English, LLP, attorneys; Gita F. Rothschild, of counsel and on the brief; Ryan Richman, on the … of the incident table are located in line with the frame support of the table, near the center of each side of the …
njcourts.gov
… defendant's arguments that there was sufficient evidence to support the jury finding he was the lookout. The evidence overwhelmingly supported defendant's conviction as the principal in … actual and constructive possession. The testimony at trial supported a finding that when this defendant was arrested he …
njcourts.gov
… the facts before the judge, as well as the findings, supported imposition of a prison sentence of not less than … law. As such, the application of that finding to a determination of the applicability of mitigating factor (2) … 511-12 (App. Div. 2002). Therefore, we hold the judge's determination that the defendant's incarceration would …
njcourts.gov
… namely: "[I]f, accepting as true all the evidence which supports the position of the party defending against the … credibility and failed to accept as true all evidence that supported plaintiff's claim that defendant acted … causing the injury sued upon is not alone sufficient to support a finding of negligence. Ibid. 12 A-1633-16T4 Here, …
njcourts.gov
… testimony from Dr. Marta Pek Scott and Dr. Paul Dudek to support E.D.'s continued commitment. In opposition, E.D. … affirm. "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … "an appellate court should not modify a trial court's determination either to commit or release an individual unless …
njcourts.gov
… to prove or disprove any fact of consequence to the determination of the action.'" State v. Hernandez, 225 N.J. … of the officers. However, there is no testimony or evidence supporting defendant's 10 A-3281-16T4 speculation. There is … for resentencing. "Appellate courts review sentencing determinations in accordance with a deferential standard." …
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… not provided any medical records. Ganame's certification in support of that motion states that she did not even know the … suffering from unusual significant physical consequences to childbirth. But, the accrual date is actually the date … 121, 123. Even the December 16, 2016 hospitalization post-childbirth may not have been sufficient notice that the …
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… in their brief, plaintiffs do not advance any argument in support of reversing the order A-4433-16T2 3 I For the … or maintenance of such A-4433-16T2 7 sidewalks, unless a determination is made by the City Engineer or the Public Works … of the motion, we must consider plaintiff's properly-supported proofs as true and view them in the light most …
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… considerations have substantially changed. The contract supporting the E-ZPass system, pricing under that contract, … 8 A-1557-17T4 NJTA's refusal to make a new rule and its determination that the $50 administrative fee should remain … system "well exceed $50[] per violation." Ibid. In support of those assertions, and others in its written …
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… impeach [the victim's] testimony during trial. Yet, in support of his petition, defendant only submitted his own … may or may not have done, thus there was no evidence to support his allegations. In addition, the judge explained … hearing, we review the judge's legal and factual determinations de novo. State v. Jackson, 454 N.J. Super. 284, …