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… ineffective for failing to explain that the facts did not support the crime. The Law Division judge found that defendant's unsupported assertions did not establish that counsel had … Since defendant failed to establish a prima facie case in support of post-conviction relief, no hearing was necessary. …
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… his 2014 conviction. Defendant submitted a brief in support of his petition on May 22, 2017, in which he argued … TO ADJUDICATE PETITIONER'S CLAIM ON ITS MERITS. In support of his arguments, defendant asserts that his PCR …
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… motion to vacate the judgment and the bail forfeiture. In support of its motion, Broadway submitted a certification by … 194, 198 (App. Div. 2003)). We review the trial court's determination under an abuse of discretion standard. State v. … revised remission guidelines, and its factual findings are supported by sufficient credible evidence in the record. We …
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… Center (ADTC) for psychological examination and a "determination of whether [his] conduct was characterized by a … repetitive, compulsive behavior and, if it was, a further determination of the offender's amenability to 3 A-2849-18T5 … (App. Div. October 27, 2017). We further found "reasonable support in the record" for "the trial court's determination …
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… data warrant (CDW) to search defendant's phone. The supporting affidavit recounts that defendant made a phone … which we 'must uphold . . . so long as those findings are supported by sufficient credible evidence in the record.'" … N.J. 1, 15 (2009)). We review de novo the trial court's determinations of law, State v. Mann, 203 N.J. 328, 337 …
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… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … to include a charge of gross 7 A-0805-15T3 negligence. In support, plaintiff cites to Coastal Corp. Inc. v. Dryvit …
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… On appeal, defendants argue the judge's findings are not supported by adequate, substantial, and credible evidence … that the trial judge's thorough and extensive credibility determinations find abundant support in the record. R. 2:11-3(e)(1)(E). We next address …
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… Recording Act. Defendants again rely on Bozzarello II in support of their position. Pursuant to the Recording Act, … trial court's denial of their motion to vacate default. In support of the motion, defense counsel certified that … "the presence of a meritorious defense worthy of judicial determination . . . and the absence of any contumacious …
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… find one aggravating factor that does not appear to be supported by the record, namely, N.J.S.A. 2C:44-1(a)(12) … basis for finding aggravating factor twelve. If there is no support in the record for this finding, the court shall …
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… of the Board of Review (Board), which reversed the determination of the Appellant Tribunal and held that Pelczar … N.J. 197, 210 (1997). "If the Board's factual findings are supported 'by sufficient credible evidence, [we] are … to the Board, but the Board made no further factual determinations to resolve those disputes. Thus, we remand this …
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… dispute. Because we agree with the motion court's determination that the insurance policy clearly and … we will not engage in a strained construction to support imposition of liability or write a better policy for … principles, we discern no basis to reverse the court's determination that the policy does not provide coverage for …
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… contends that the judge's findings and conclusions were not supported by "sufficient credible evidence." She argues that … D'Agostino v. Maldonado, 216 N.J. 168, 182 (2013). Final determinations made by the trial court sitting in a non-jury … that the trial court's decision constitutes a legal determination, we review it de novo." Ibid. Roman argues Judge …
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… subcontractors and their employees. Rather, the application supported the conclusion that Krakowiak "was [running] a one … If a court, "'accepting as true all the evidence which supports the position of the party defending against the …
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… disturb a court's finding of a violation of probation when supported by sufficient credible evidence in the record. See … factors counterbalanced with the mitigating factors supported by credible evidence. State v. Dalziel, 182 8 …
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… a Final Decision on May 27, 2016, upholding the ALJ's determination and suspension. Respondent was granted a stay of … they are "arbitrary, capricious or unreasonable" or "not supported by substantial credible evidence in the record as … our review of the record, we take no issue with these determinations by the ALJ. We next consider respondent's …
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… the Community was incorporated in the late 1920s, it was supported by dues paid by those homeowners who voluntarily … the record, the judge's factual findings on that point are supported by sufficient credible evidence. See Rova Farms, …
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… Hudson, who lived across the street and was a cousin to her children. Hudson gave a statement to police implicating … whether the evidence in the record was sufficient to support a conviction on any count on which the jury found … on the guilty verdict[s] is independent of the jury's determination that evidence on another count[s] was …
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… 4 A-1530-15T1 decision so long as those findings are supported by sufficient credible evidence in the record. … 364 U.S. 253, 80 S. Ct. 1431, 4 L. Ed. 2d 1688 (1960), to support this proposition. In Rios the United States Supreme … any expectations of privacy in it[.] The trial court's determination that defendant voluntarily relinquished …
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… and further noted that defendant submitted no proofs in support of her counterclaims. The court returned the matter … that the purported new evidence defendant submitted in support of her motion was irrelevant to the foreclosure …
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… trial because his claim of newly discovered evidence was unsupported by legally competent evidence. Defendant sought … that the court cannot hear a motion unless the motion is supported by "affidavits made on personal knowledge, setting … witnesses). A defendant's claim seeking PCR must be "supported by affidavits or 8 A-1215-14T4 certifications …