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… there is sufficient credible evidence in the record to support the judge's determination.'" Ibid. (quoting State ex rel. R.V., 280 N.J. … giving deference to the trial court's credibility determinations and factual findings, we find that there is …
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… facts were presented during the suppression hearing, to support defendant's December 24, 2013 arrest. The State … belief defendant was engaged in criminal activity was supported by the testimony of Officers Fesi and Ramirez, …
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… We agree the judge's Yarbough1 analysis does not support consecutive terms and for that and other reasons, we … whether "there is substantial evidence in the record to support the findings of fact upon which the sentencing court …
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… DEFENDANT AS A CALLOUS MONSTER WITHOUT HAVING ANY SUPPORT IN THE RECORD FOR HIS CLAIMS, THE PROSECUTOR … during his opening statement to the jury that were not supported by the record and "set a distorted tone for the …
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… "when the stated 'findings were mistaken[,] . . . the determination could not reasonably have been reached on … findings of the judge are binding on appeal if they are "supported by adequate, substantial and credible evidence." … and records. Thus, the judge's findings were adequately supported in the record. Lastly, defendant's argument that …
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… its own software unique to that agency, with OIT providing support as necessary." Id. at 4-5. That change, accomplished … to find isolated phrases in the past executive orders to support each of those disparate views of the history of IT …
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… to the alleged dangerous condition on the premises. In support of his argument, plaintiff cites Monaco v. Hartz … for maintenance and repair of the demised premises. In support of that contention, plaintiff relied upon the …
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… use of the 3DMax. Rather, the court held plaintiff's proofs supported the mere possibility, rather than a reasonable … found that plaintiff provided insufficient evidence to support the negligent warning claim. In order to establish a … requisite knowledge, training and experience to reach a determination relative to the standard of care absent expert …
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… standard: 'if, accepting as true all the evidence which supports the position of the party defending against the … fault should be submitted to the factfinder for determination." Del Tufo v. Twp. of Old Bridge, 147 N.J. 90, … him. The photographic evidence and damage to the vehicles supported plaintiff's proofs that defendant turned left in …
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… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. … of the plaintiff is a significant factor, "[t]he determination by the judge should ordinarily be made at a … the accrual clock starts then. 15 A-0942-16T1 The determination of when a claim accrued ordinarily should be …
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… do so may "render the lawyer's performance deficient" and support a claim of ineffective assistance of counsel. State … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… been tainted." R.D., supra, 169 N.J. at 559. To make that determination, the court must consider "the gravity of the … Defendant believes raising the inference of retaliation unsupported by the record was an attempt to bolster the … victim was shot in the middle of a crowd. The determination this act requires deterrence is well founded. …
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… because our Legislature has made a public policy determination that what she did on October 31st, 2008, … contract that she must be imprisoned. This public policy determination that prison is mandatory is indeed finally all … the second to defendant, was both eminently reasonable and supported by the record. The judge did not shirk from …
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… concluded the statements would assist the jury in their determination of whether defendant resisted arrest, and he … factors, and sufficient credible evidence in the record supports his or her finding, we will affirm. State v. … judge fails to find mitigating factors that "clearly were supported by the record." State v. Bieniek, 200 N.J. 601, …
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… concerning the pleas. We therefore conclude the record supports the PCR court's determination that defendant was not denied effective … to resolve defendant's claims. The record supports that determination. 17 A-0496-16T3 We have considered defendant's …
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… Thus, defendant has failed to provide any evidence to support his contentions. Defendant's bald assertions are … insufficient credible evidence in the record to factually support defendant's conviction under N.J.S.A. 39:4-50 …
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… court's decision so long as those findings are 10 A-3899-19 supported by sufficient credible evidence in the record." … raw marijuana is detected, probable cause has been found to support even a warrantless search of a vehicle's trunk when …
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… described the crime and characterized the evidence supporting guilt as follows: Nineteen-year-old Elizabeth Ann … considered defendant's age, intellectual disability, early childhood emotional and physical trauma, and substance abuse … convicted of homicide but reaffirmed and expanded its determination in Graham [v. Florida, 560 U.S. 48 (2010)] that …
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… or modifications and any attachments, addenda or other supporting documents." 4 A-1984-20 The Terms and Conditions … 216 N.J. 1, stay denied, 216 N.J. 314 (2013). Without a determination of whether this was or was not a prevailing wage … motion, asserting it filed a "reply letter brief in further support" of that motion. As parties are prohibited from …
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… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … by undue means, nor contrary to law. We find it fully supportable in the record. Policemen's Benevolent Ass'n, 205 …