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njcourts.gov
… door. Once inside, defendant sexually assaulted two children before being caught in the act by their mother. … physical evidence. Id. at 289-90. Here, there is no support that the physical evidence would have been …
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njcourts.gov
… the offense with respect to the prosecutor's case-by-case determination whether a defendant is a suitable candidate for … Such defiance of the court's sentencing authority support's the prosecutor's determination she is not a suitable candidate for diversion. …
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njcourts.gov
… plain language of the statute or its legislative history supports that claim. On the contrary, persistent offender … be regarded as, separate and distinct from the court's determination" of statutory eligibility for an extended … undertaken after eligibility is determined. Id. at 168. Determination of eligibility for extended term sentencing does …
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njcourts.gov
… it created on the motion. Plaintiff's failure, however, to support her denial of the specific facts establishing that …
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njcourts.gov
… repair project will be submitted to the architect for his determination. The decision of the architect will be final … defendants filed their second motion to compel arbitration supported only by counsel's certification to which he … 403 N.J. Super. 508, 514 (App. Div. 2008), and that the determination of whether a party has waived its right to …
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njcourts.gov
… review, we discern no basis for disturbing Judge Smith's determination. We therefore affirm substantially for the … elevation of this kind is not sufficient, in itself, to support a finding that there is a substantial risk of … this were not the case, we also agree with Judge Smith's determination that plaintiff failed to show that "the action …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … we offered the following guidance: Although this second determination – whether a domestic violence restraining order …
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njcourts.gov
… There is sufficient, credible evidence in the record to support the judge's credibility determination. At the plea hearing, defendant and his lawyer …
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njcourts.gov
… courts below were based on factual assumptions that are not supported by either the record or logic, and by a …
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njcourts.gov
… the [Pointe]. In addition, the [Pointe] in reaching its determination took into consideration the use of the step … mistakenly relied on the draft unrecorded Master Deed I in supporting their modification application. Furthermore, as …
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njcourts.gov
… defendant failed to include citations to the trial record supporting its contention. 3 A-1006-17T4 on behalf of a …
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njcourts.gov
… is being sentenced. Weight is given to "the prosecutor's determination regarding which offense is to be subject to an … (specifying that, on remand, trial court was to make its determination "based on the record at the prior sentencing" … the law of the case, 11 A-0119-17T4 made no arguments in support of a lower sentence, and failed to indicate that the …
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njcourts.gov
… defendants contend the proofs adduced at the hearing do not support the judgment. In considering these arguments, it is …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … deceitful to OSHA about any dangers in its workplace are unsupported by the record. Even viewing the facts in the light …
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njcourts.gov
… RAW's IPG application. The agency provided a written determination that RAW "ha[d] not shown that the contamination … In addition, 4 A-2844-16T3 RAW argues that DEP's factual determinations with respect to the contamination at the property are not supported by substantial credible evidence. Before the …
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njcourts.gov
… suffered strains and sprains. There were no "EMG reports to support any kind of radiculopathy." The court found there …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… contracts with a carrier. As Assemblyman LeFante stated in support of the 1975 legislation, the purpose of the bill was …
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njcourts.gov
… We "should accept a trial court's findings of fact that are supported by substantial credible evidence." Id. at 505–06 … Frangoulis's testimony. We see no reason to reject those determinations. The judge only questioned Wang's ability to …
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njcourts.gov
… Although we review de novo the PCR court's legal determinations, State v. Nash, 212 N.J. 518, 540-41 (2013), it … Lee. We do not address whether, if Smith obtained evidence supporting Coleman's asserted belief in Felton's complicity, …