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… We further conclude the court improperly found, without support in the record, that probable cause and exigent … 5 A-2509-22 sometimes exchanging sex for drugs or money to support her habit. Various people had contact with … it for contact information . . . family contacts, his children, whatnot." Carlin knew defendant wanted his phone …
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… OF THE PETITION OF NEW JERSEY NATURAL GAS COMPANY FOR A DETERMINATION CONCERNING THE HOLMDEL REGULATOR STATION … OF THE PETITION OF NEW JERSEY NATURAL GAS COMPANY FOR A DETERMINATION CONCERNING THE HOLMDEL REGULATOR STATION … are satisfied there is sufficient evidence in the record to support the BPU's decision and we decline to substitute our …
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… giving defendant the opportunity to call other witnesses to support his proffer. The next day, defense counsel stated … or disprove 20 A-0941-22 any fact of consequence to the determination of the action." The court found D- 111 and … the questions of a defendant may be material in making a determination as to whether the defendant has been subjected …
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… 2015, the Township filed a declaratory action seeking a determination that its housing plan met Mt. Laurel2 … 5:96 & 5:97, 221 N.J. at 4. 6 A-2471-22 . . . would support [the] approach"—but were advised that he was … We review questions concerning the interpretation or determination of law de novo. Moreover, "[w]e . . . review …
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… uses and structures to develop "Shopper's Village" which "supports a finding that the property . . . is particularly … regarding the validity of a local board's 18 A-0899-22 determination, 'we are bound by the same standards as was the … However, the planning board's or "the trial judge's determination as to the meaning of [an] ordinance is not …
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… made here, then the doctor would not be negligent. Any determination as to medical judgment applies only to the … charge "because the testimony adduced at trial failed to support such a charge." Relying upon Das v. Thani, 171 N.J. … judgment to select among options which have "substantial support as proper practice by the medical profession." Ibid. …
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… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … 256, 272 (2019). Appellate review of a sentencing court's determination is guided by an abuse of discretion standard. …
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… 4:69-6.2 In the statement of uncontested material facts supporting the motion, counsel for DBI PM and DBI … constitutional questions; (2) informal or [e]x parte determinations of legal questions by administrative officials; … issued specifically for the spray booth." He noted such determinations by an administrative official were "appealable …
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… filed a motion for partial summary judgment, seeking a determination that certain job categories identified in … on March 16, 2021, the trial court issued an order, supported by a statement of reasons, addressing both summary … after hearing argument, the trial court issued an order, supported by a written statement of reasons, granting the …
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… tax returns for the years at issue and issued a final determination finding Cargill was ineligible for the … interest. In February 2018, the Division issued a final determination revising Cargill's total liability to … Division, N.J.S.A. 13:1E-223, which Cargill relied on in support of its claim, only applies to situations where …
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… any other fact 16 A-2005-21 question before a jury, [that determination] is subject to the court 's assessment whether … time a pothole existed, along with its alleged size, could support a reasonable inference that the defendant had either … to any part of the road's shoulder in the past. Ibid. In support of a claim that the county had constructive notice …
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… any other fact 16 A-2005-21 question before a jury, [that determination] is subject to the court 's assessment whether … time a pothole existed, along with its alleged size, could support a reasonable inference that the defendant had either … to any part of the road's shoulder in the past. Ibid. In support of a claim that the county had constructive notice …
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… of an out-of-court identification so long as it is supported by sufficient credible evidence in the record. … third-degree offense as of the time defendant faced trial, supporting the fourth factor under N.J.R.E. 609(b)(2). … (1985). We reject this argument. We review a sentencing determination under a deferential standard. State v. Grate, …
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… a persistent offender pursuant to N.J.S.A. 2C:44-3(a). In support of its motion, the State relied on two certified … of that exception, addressing whether a judicial determination that past offenses had been committed on … crime for purposes of N.J.S.A. 2C:44- 3(a). We view the determination of a defendant's age at the time of the prior …
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… Yurdock sitting on the couch in the living room with three children, one of whom was lying on the couch next to him. … however, that the State's evidence was insufficient to support defendant's conviction on count one, second-degree … Federal courts have "identified various factors which may support the conclusion that a defendant was a participant in …
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… New Jersey. St. Paul asserts two overarching arguments in support of its motion. First, St. Paul argues that it is … a jury, upon weighing the evidence and making credibility determinations, may likewise find the remark unrelated to the … added), the court stated: 7 The court reached this determination without considering the unpublished Appellate …
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… 13. In State v. Guerra, on the other hand, the officer’s determination that the apparent intensity of the marijuana … from the BOLO could not contribute to a probable cause determination based on the smell of marijuana. Comparing in … his car and insists the State did not put forth “any facts supporting the suspicion of a drug cache in the trunk or the …
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… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 469 … when 'the lay opinion testimony was based on, and supported by testimony about, the officer's personal … for the aggregate sentence that was imposed. Sentencing determinations are reviewed on appeal with a highly …
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… thought that if he did, he would be dead the next day. In support of the State's case against Adams, a cellular … issue of guilt. We shall not disturb the trial court's determinations that Detective Scoppa, based on his years as an … other grounds, 79 N.J. 251 (1979). In Jenkins, a juror had children the defendant's age. She said, "I just can't make a …
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… v. Henderson, 208 N.J. 208, 288 (2011). Further, the determination can only be reached so as to require the … the judge determined that "almost all the variables that support defendant's motion are estimator variables." Judge … if there is sufficient credible evidence in the record to support the findings." Ibid. The trial court's findings are …