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… following points: POINT I THE COURT'S FAILURE TO PROVIDE A COMPLETE IDENTIFICATION INSTRUCTION DENIED DEFENDANT HIS … Sentence Imposed. B. The Extended Terms. C. The Aggravating Factors Found. D. The Aggregate Sentence Imposed. For the … arrest count could hardly have confused the jury under the facts presented by the parties, let alone led the jury to a …
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… station's store and came behind the counter. His face was completely covered. He demanded the store's money. When the … understanding the witness's testimony or in determining a fact in issue." N.J.R.E. 701; see also State v. Lazo, 209 … video did not contain testimony from a witness. In fact, it contained no sound at all. Thus, the concerns the …
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… 31, 2015 final judgment. We affirm. We derive the following facts from the evidence presented at the two-day bench trial … engaged in providing graphic solutions to retailers and manufacturers. Budd is DPI's founder and president and was its … a shareholder and owned at least twelve shares of DPI's common stock, and pay him an annual salary of $100,000, …
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… the imposition of a duty, we reverse. We summarize the facts from the motion record, viewing them as we must in a … was employed by defendant Baker Boys LLC, a baking company. As plaintiff was working at a mobile conveyor on … evidentiary standard, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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… G. MORGAN, h/w, Plaintiffs-Appellants, v. WEST CAPE MAY COMBINED ZONING AND PLANNING BOARD, Defendant-Respondent, … negative criteria. [Ten Stary Dom, 216 N.J. at 30.] Satisfaction of the positive criteria requires "proof that the … Medici v. BPR Co., 107 N.J. 1, 15 (1987)). "[P]ublic bodies, because of their peculiar knowledge of local …
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… with a flawed analysis of the aggravating and mitigating factors. The trial court denied relief to defendant, and we … affirm its sound decision. We incorporate by reference the facts and procedural history detailed in our previous … from his role in a series of armed robberies he and others committed one early morning in August 2006. A gas station …
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… raises the following contention: POINT I THE PROSECUTOR COMMITTED MISCONDUCT AND REDUCED THE STATE'S BURDEN OF PROOF … dissenting)).] Further, the Court described "some of the factors pertinent to the determination of intoxication … voluntary intoxication defense. The prosecutor explained: Ladies and gentlemen, [the trial judge] will read you the law …
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… Division, Monmouth County, Docket No. L-1686-19. R. Armen McOmber argued the cause for appellant (McOmber McOmber & … on September 2, 2015 that are not marked "read." That fact indicates that [plaintiff] did not have a rule set up … terms of the arbitration agreement, it does highlight the fact that the plaintiff is to review the arbitration …
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… 25, 2020 order denying their motion to dismiss plaintiff's complaint and compel arbitration. We conclude the judge 3 … on the totality of the circumstances" by undertaking a fact-sensitive analysis. Id. at 280. When discerning whether … addressed by the judge, either by way of findings of fact or conclusions of law. 14 A-0519-20 "concentrate on the …
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… criteria, we accord substantial deference to the agency's fact-finding and legal conclusions, acknowledging "the … 7 A-1239-19 at 273. Such an outcome "would violate public policy, contravene the … High Sch. Dist., Monmouth Cnty., 199 N.J. 14, 32 (2009). In fact, the Supreme Court has analyzed one pension scheme …
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… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Assistant Prosecutor, of counsel and on the … an August 16, 2019 Law Division order denying his motion to compel entry into the Pretrial Intervention Program (PTI). … 4, 2019. We affirm. We derive the following undisputed facts from the record. Defendant staged an accident at his …
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… litigants' rights. Plaintiffs claim defendants failed to comply with an October 27, 2017 consent order, which … Frank Bisignano. We begin with a summary of the relevant facts, which we derive from the motion record and our … [c]ourt does NOT find that . . . Bisignano, as the 'disobedient party,' was able to comply or that he failed to …
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… the State's motion for reconsideration to allow fresh complaint testimony. For the reasons that follow, we affirm, … conversation. They questioned Linda alone regarding the factual details of the alleged sexual abuse; at that time, … was done to them. Id. at 143-44. The Court then set forth factors to consider when determining the admissibility of …
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… Nonetheless, summary judgment dismissal of plaintiff's complaint was not appropriate pending the court's … index finger, severing her the flexor tendon. Zamperla manufactured the ride in October 1995, and installed it at Great … and devoid of any engineering standards or published studies for the safe design of the teacups ride or similar …
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… began in 2008, and in 2012, plaintiff was awarded rental income, his attorney was awarded fees, and the parties agreed … of the applicable law, we affirm. We discern the following facts from the record. In 1998, plaintiff and defendant … "[w]hether laches should be applied depends upon the facts of the particular case and is a matter within the …
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… Russo, and answered two specific interrogatories that compelled the imposition of a life sentence without parole … of review is necessarily deferential to a PCR court's factual findings . . . that are supported by sufficient … de novo, however, the trial court's application of those facts to the legal principles involved. Harris, 181 N.J. at …
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… of the third-degree offense of violating the conditions of Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(d), … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … a unanimous verdict on all four CSL violations was remedied by the trial court's answer to the jury stating they …
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… September 28, 2018 Law Division order, which dismissed his complaint with prejudice and denied his request for a record … claims based "largely on the [trial] judge's findings of fact." State v. P.L.M., No. A-2368-05 (App. Div. Apr. 17, … 13 A-1856-18T2 because it was filed in a public office." Keddie v. Rutgers, 148 N.J. 36, 49 (1997) (citing Higg-A-Rella, …
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… HER SUMMATION, IN SHOWING A MANIFEST DENIAL OF JUSTICE; COMMITTED MISCONDUCT SO EGREGIOUS, IT VIOLATED FOWLKES' … relief, the court determines there are material issues of fact that cannot be resolved based on the existing record, … a reasonable likelihood that his or her claim, viewing the facts alleged in the light most favorable to the defendant, …
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… LOCAL #105, on behalf of all its members, Petitioners, and COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, NEW JERSEY STATE … appeal was pending, the parties have resolved to their satisfaction the payment of the salary increments at issue.6 We … period.7 PERC adopted the Hearing Examiner's findings of fact and conclusions of law "that the State violated …