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… approval was lawful. The Board joined in that motion. In support of their motion, defendants submitted certifications … they had no real interest in the Neighboring Property. In support of that position, Goodman submitted an email, dated … each of the arguments. Cherokee's first two grounds for supporting its standing depend on it having an ownership …
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… are derived from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … as a matter of law.'" Ibid. (quoting R. 4:46- 2(c)). [A] determination whether there exists a "genuine issue" of … remains, [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente De Vida, …
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… of criminal attempt that were essential to the jury's determination of defendant's guilt on the robbery charge. Id. … 14 A-1978-14T3 We review a "trial court's 'sentencing determination under a deferential [abuse of discretion] … factor eleven, and the weight assigned to each, are supported by the record. We therefore consider only …
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… has been significantly diminished. In addition, to further support its decision to grant the stay and in an effort to … indictments, and defendant failed to cite any case law that supports the proposition that a stay in a civil proceeding … the time frame mandated by the Legislature; without any supporting case law that would allow such an order. …
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… pro se. Defendant argued there was a lack of evidence to support his simple assault conviction. 10 A-4858-18 On May … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … there is substantial credible evidence in the record to support the Law Division judge's findings that defendant was …
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… 1, 2, 3, 4, 5, 6, 7, 10, 11, 14, and 17 of the statute to support his decision against admission. See N.J.S.A. 2C:43- … interests of the victim as well as "society as a whole." In support, the prosecutor pointed out that defendants' conduct … the prosecutor's "assessment" of the factors relied upon to support rejection. In particular, defendant Silva challenges …
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… miscarriage of justice because sufficient credible evidence supported its decision. The court also denied Sands' … unless [it is] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … adduced at trial does not support the trial court's determination that Sands violated the CFA by personally …
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… in N.J.S.A. 2A:24-8 and -9; or (3) the award is not supported by substantial credible evidence in the record as … factors . . . . PERC's findings and conclusions are amply supported by the analysis in the award. The PBA may object … which are ordinarily or traditionally considered in the determination of wages, hours, and conditions of employment …
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… to testify against Canty. Lee's trial attorney supported his claim of ineffective assistance by contending … She claimed she did not present a vigorous argument in support of a mistrial, and she did not insist on an … by the Constitution. We shall not disturb the PCR court's determination that she did. Affirmed. … STATE OF NEW JERSEY …
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… asserting ineffective assistance of counsel (IAC). In his supporting pro se brief, defendant alleged that his plea … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and credible evidence.'" … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… negligence. The judge stated that evidence of a violation supports a claim of legal malpractice, but the violation … RPCs, plaintiff concedes that those violations alone cannot support a claim of legal malpractice. See Baxt, 155 N.J. at … negligence, the malfeasance plaintiff described did not support a claim of RK&O's vicarious liability for Martin's …
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… held defendant "failed to establish a prima facie case in support of any claim" and "an evidentiary hearing would not … defendant's argument and denied the petition. The record supports the PCR court's finding that defendant and his … issue on appeal. We are satisfied that the PCR court's determination was not erroneous. Defendant further argues that …
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… Although we discern insufficient evidence in the record to support the court's finding that Lingala actually agreed to … are not bound to affirm findings that are "so manifestly unsupported by or inconsistent with the competent, relevant … reviewed the trial record, we discern insufficient support for the trial court's finding, ostensibly based on …
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… disqualifier." We review the trial court's "sentencing determination[s] under a deferential standard." State v. … the reasons for imposing the sentence and the factual basis supporting each aggravating and mitigating factor … second-guess a trial court's finding of sufficient facts to support an aggravating or mitigating factor if that finding …
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… 57 (1999) (quoting N.J.S.A. 40:55D-70(d)). Here, the record supported the Board's finding that a (c)(1) hardship … when only thirty feet was required. The record also supports the Board's grant of the (c)(2) variance. The grant … as it does not undermine the fairness of the Board's determination to grant the variance. Affirmed. … JANET SADOWE, …
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… novo standard of review when reviewing a motion judge's determination of the enforceability of a contract. Goffe v. … Mercury, 398 N.J. Super. 182, 187 (App. Div. 2008) to support their proposition that "AutoStone's performance" is … or elsewhere. We find no basis to disturb the judge's determination finding the venue provision enforceable. …
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… the circumstances 11 A-4469-18T3 presented in this case. In support of this contention, plaintiff notes that in … that complied with the statute. We are convinced the record supports the findings of the motion judge. The judge … is not required because an expert would not be required to support its negligence claims at trial. Plaintiff contends …
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… staying in the living room. The mother of one of McCoy's children testified that McCoy lived with her before his … bolstered the State's case by asserting, without evidential support, that police saw multiple people coming and going at … us [sic] what the facts are. So you have to make that determination as to those facts in this case." Defense counsel …
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… with DNA material on the black mask. The State submitted a supporting affidavit reciting the Family Dollar Store 5 … that is the interpretation, the reported results are -- I support them, agree with them and that is what I have to … the Code, the aggravating and mitigating factors are not supported by credible evidence, or the sentence is clearly …