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njcourts.gov
… not memorialize its findings or conclusions. Swan filed a complaint in lieu of prerogative writs and an order to show … for which Swan was cited "appear to have been remedied by the time the [Board] hearing was scheduled." Those 3 … not required to provide a resolution including findings of fact and conclusions and, if required, the trial court erred …
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njcourts.gov
… robbery, N.J.SA. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a); … to provide truthful testimony. Defendant provided a factual basis for the plea, stating that he and his two … assistance. He argues the PCR judge failed to view the facts in the light most favorable to him. State v. Marshall, …
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njcourts.gov
… WAS IMPOSED WITHOUT CONSIDERATION OF A RELEVANT MITIGATING FACTOR. On October 10, 2017, defendant was indicted for … public property, N.J.S.A. 2C:35-7.1(a). The relevant facts are discerned from the transcripts of defendant's … detective "observed the vehicle with a female in the car come through the toll booth, the right lane, pay 4 …
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njcourts.gov
… order confirming an arbitration award and dismissing its complaint against defendant Wayne Township Primary Level … of the person's job performance evaluations are satisfactory. The [g]rievant is a person occupying a position … local board of health shall be exercised by such boards, bodies, or officers as may exercise the same according to law. …
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njcourts.gov
… Plaintiffs-Appellants, v. MARINA DISTRICT DEVELOPMENT COMPANY, LLC, d/b/a BORGATA CASINO HOTEL & SPA, … conditions, have presented a material dispute of facts regarding defendant's application of the PAS weight … (3) Kennelly was required by her shift manager Diane Hardie to wear a maternity costume in the early stages of her …
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njcourts.gov
… relief (PCR). We affirm. I. We set forth the facts surrounding defendant's conviction in our opinion on … Police charged defendant with (1) criminal attempt to commit murder, first-degree, contrary to N.J.S.A. 2C:11-3; … (1992). 5 A-1518-17T3 Although the judge "should view the facts in the light most favorable to the defendant," State …
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njcourts.gov
… violation of probation (VOP) for his alleged failure to comply with the conditions of probation imposed when he was … because he claims there was a material misstatement of fact about his height and weight in the affidavits … mistaken or recklessly disregarded this as evidenced by the fact the police did not show defendant's photograph to the …
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njcourts.gov
… discretionary immunity. We agree and affirm. I. We take the facts from the summary judgment record and view them in the … accident and described the area where plaintiff fell as a combination of concrete slabs and brick pavers, with the … non-moving party, "there is no genuine issue of material fact and 'the moving party is entitled to a judgment or …
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njcourts.gov
… 7, 14 (2003), we begin our review with a summary of those facts. Detective Gianotto first set forth his extensive … to the same location that had been delivered this year[,] coming from either the [s]tates of California, Washington, … judge concluded: 6 A-3493-17T1 Each one of these individual facts as a standalone fact would not . . . be sufficient to …
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njcourts.gov
… the State agreed to dismiss the remaining charges and recommend a six-year custodial term with thirty-three months … detective did not see the other person holding money. In fact, Detective Szbanz conceded he did not witness any … review an order denying a suppression motion, we review the factual findings of the trial court with deference. State v. …
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njcourts.gov
… rule did not apply. We disagree and affirm. We recite the facts relevant to defendant's contentions on appeal. The … of the State's motor vehicle code, Officer Idzahl ran a computer search on the vehicle's license plate, which … that the officers' statements were "just a statement of facts." 4 A-3849-15T2 considering the options defendant …
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njcourts.gov
… 2C:39-5(b) (count two); second-degree possession of a community gun while engaged in criminal activity, N.J.S.A. … the number of jail credits. We gather the following facts from the record developed at the suppression motion. I … grant or deny a suppression motion, [we] 'must defer to the factual findings of the trial court so long as those …
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njcourts.gov
… the cab. Mondragon testified that based primarily upon the fact that they were heading into "a bad area," Mondragon … for about five to ten minutes, after which defendant's companion persuaded defendant to release the bag and leave. … by the court that there are material issues of disputed fact that cannot be resolved by reference to the existing …
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njcourts.gov
… OF A SEARCH WARRANT BASED ON UNRELIABLE EVIDENCE AND FACTUAL MISREPRESENTATIONS THAT WERE MADE WITH KNOWLEDGE … her basis of knowledge . . . [are] the two most important factors . . . ." Sullivan, 169 N.J. at 212. A trial court … the premises under surveillance. [169 N.J. at 215 (quoting Commonwealth v. Desper, 643 N.E.2d 1008, 1011 (Mass. …
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njcourts.gov
… Defendant certified when he was arrested by police he "was committing no crime and was on [his] way to the police … a reasonable likelihood that his or her claim, viewing the facts in the light most favorable to defendant, will … R. 3:22-10(e). "Rather, defendant must allege specific facts and evidence supporting his allegations." State v. …
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njcourts.gov
… earnings of approximately $110,000 per year and imputed income to defendant of $35,000 per year. The PSA stated the … alleged plaintiff committed fraud by concealing the fact his disability insurance proceeds were tax-free. She … The judge conducted a detailed analysis of Rule 5:3-5(c) factors and concluded each should bear their own fees. 8 …
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njcourts.gov
… been granted because there was a genuine issue of material fact as to whether defendant had "constructive notice of the … Thus, we consider, as the motion judge did, "whether the competent evidential materials presented, when viewed in the … the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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njcourts.gov
… Superior Court of New Jersey, Law Division, Union County, Complaint No. S-2020-0135- 2019. William A. Daniel, Union … abuse of discretion. We reverse and remand. I. The relevant facts leading to the prosecutor's denial of defendant's PTI … were relevant to her decision: the "nature of the offense" (factor one); the "facts of the case" (factor two); the …
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njcourts.gov
… to one count of first-degree distribution of lysergic acid diethylamide (LSD), a controlled dangerous substance, … & (b)(6). He pled guilty in exchange for the prosecutor's recommendation that defendant be sentenced to a period of no … He asserted that counsel failed to argue for mitigating factors such as defendant's remorse and the hardship that …
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njcourts.gov
… evidentiary hearing. We affirm. I. We derive the following facts from the record. Sometime between June 1, 2012, and … June 4, 2014, determined that defendant was a repetitive, compulsive sex offender. In accordance with the plea … his counsel failed to argue aggravating and mitigating factors; (2) defendant was denied due process under the …