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… in the robbery . . . ." We disagree. "The threshold determination under Rule 404(b) is whether the evidence … a "clear error of judgment" to overturn the trial court's determination. Rose, 206 N.J. at 158 (citation omitted). … There is sufficient credible evidence in the record to support that determination. Conversely, the record is devoid …
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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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… 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 …
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… juror's general knowledge, plaintiff's claim required the support of expert testimony. Because the deadline to produce … disposal system for any period of time. The record clearly supports the motion court's conclusion that given . . . the … granting summary judgement in defendant's favor was well-supported by the record and correct as a matter of law. Any …
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… and an affidavit from one of its underwriters, Eddy Kim, in support of the motion. During the initial oral argument, the … issue the policy for which I am applying. In his affidavit supporting defendant's motion, Kim explained that "per … at 38). We "afford[] no special deference to the legal determinations of the trial court." Templo Fuente De Vida …
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… the record, DOE's denial of the District's aid request is supported by sufficient evidence, including the District's … previously expressed in any official and explicit agency determination, adjudication or rule, or 16 A-1990-19 (ii) … of factors which weigh for or against labeling the agency determination as a rule." In re Provision of Basic Generation …
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… to the financial agreements, and that legislative history supported his conclusions of what he found was "an … law remains, we review that question de novo; the legal determinations of the trial court are not entitled to any … conclude the language of the financial agreements did not support the entry of summary judgment in favor of …
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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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… 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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… 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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… plate could constitute a violation of N.J.S.A. 39:3-33" to support the motor vehicle stop in light of "this [c]ourt's … them 'so long as sufficient credible evidence in the record supports those findings.'" In Interest of J.A., 233 15 … we are satisfied the judge's factual findings are amply supported by the record. However, Licata's description of …
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… findings by a Family Part judge are "binding on appeal when supported by adequate, substantial, credible evidence." … the court is "convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … behalf. 3 We accept those findings, which have substantial support in the record. See Cesare, 154 N.J. at 412. …
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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 …