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… N.J.S.A. 2C:11-3(a)(1) and (2); first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. … Ibid. The defendant must allege and articulate specific facts that "provide the court with an adequate basis on which to rest its decision." State v. Mitchell, 126 N.J. 565, 579 (1992). 6 A-4798-18T1 Both the Sixth …
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… Indictment No. 08-10-0407 to third-degree conspiracy to commit burglary and a petty disorderly persons offense, and … "[A] court may relax the time bar if the defendant alleges facts demonstrating that the delay was due to the … The PCR court, however, failed to provide the factual or legal bases for that determination contrary to …
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… an illegal sentence. We affirm. We recounted the underlying facts in our opinion on direct appeal: At approximately 1:00 … gun into the kitchen. O'Connor next saw the defendant's arm coming down as if he had placed something on top of a … trial court denied the motion on November 6, 2019. In its accompanying written decision, the court found: The holding in …
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… the production of the employer's records regarding Kraft's compensation, benefits, the PI Plan, and her termination. … Tribunal found that Kraft had been consistently rated satisfactory by other managers and had received related sales … 474, 482 (2007)). We normally "defer to the Board when its factual findings are based on 'sufficient credible evidence' …
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… PER CURIAM Plaintiff Michele Gonzalez filed a verified complaint in lieu of prerogative writ objecting to defendant … to grant or deny a variance must be based on findings of fact in the record) (citations omitted). Comi thoroughly … fully detailed the initial application, the testimony and factual history of the proceedings, the modifications to the …
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… I. Defendant, who was seventeen years old at the time he committed the underlying offenses was waived to adult court … and weighing the applicable aggravating and mitigating factors, Judge Blue, who was also the trial judge, … after the verdict, 4) investigate and present mitigating factors at resentencing, and 5) obtain affidavits from …
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… him as a Tier II offender under the registration and community notification provisions of Megan's Law, N.J.S.A. … and a three-year non-custodial probationary sentence together with restraining orders, and reporting and … Community Notification Laws, ex. F (rev'd Feb. 2007). The factors are then all assigned weights with a multiplier, …
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… disk to the law library and was charged initially with committing prohibited act *.009. He appeals a final decision … New Jersey Department of Corrections (NJDOC), finding he committed prohibited act .152. Because the record lacks … he stated the hearing officer had not misinterpreted the facts, NJDOC was "in compliance with procedural safeguards," …
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… cause attributable to the work. We affirm. We summarize the facts from the January 30, 2020 hearing before the Appeal … exercise program. Barney intended "to continue with the company . . . in the spring" but "there was [no] agreed upon … In re Warren, 117 N.J. 295, 296 (1989). "If the Board's factual findings are supported 'by sufficient credible …
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… filed a cross-motion for summary judgment dismissing the complaint, arguing that the 25% interest rate was 3 … motion judge denied summary judgment on damages, finding factual disputes in the record regarding what Jadallah paid. … well-established scope of review: "we do not disturb the factual findings and legal conclusions of the trial judge …
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… _____________________________ Argued April 26, 2021 – Decided June 30, 2021 Before Judges Gooden Brown … January 27, 2020 order of the Law Division dismissing his complaint in lieu of prerogative writ challenging the June … the local zoning ordinance. We affirm. I. The following facts are derived from the record. Defendant Fair Haven …
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… costs on defaulted student loans than it sought in its complaints. We vacate the provisions of the orders under … collection costs sought in its complaints. I. The following facts are derived from the record. Defendants Teon D. … judgment. The trial court set a proof hearing. On September 26, 2019, the trial court entered an order awarding Rutgers …
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… and as an agent or employee of First Service Residential Company, Defendant-Appellant. __________________________ … use of the word "derail"; and the court relied on the wrong factors in denying fees under Rule 1:4-8 and N.J.S.A. … vote was unlawful; the court failed to consider factors that allegedly indicated Stekelman's bad faith …
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… because her interactions with him caused her to feel uncomfortable. However, she went back to her previous shift in … or partial forfeiture of her pension," using the statutory factors in N.J.S.A. 43:1-3 as well as applicable case law, … recovers," citing Cardinale v. Bd. of Trs., 458 N.J. Super. 260, 263 (App. Div. 2019) and In re Adoption of N.J.A.C. …
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… Following the hearing, Judge Flynn summarized the relevant facts in a sixteen-page written opinion as follows: … a plastic bag containing suspected marijuana in the glove compartment. The search of Holiday recovered a clear plastic … A-5708-18 (1968); United States v. Hensley, 469 U.S. 221, 226 (1985) (finding police officers may stop a motor vehicle …
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… On March 7, 2008, Maradonna's wife was laid off. Maradonna communicated with Rutgers officials about taking another … the advice of Rutgers, [. . . there were] other equitable factors weighing in favor of Maradonna includ[ing] the … abuses." Mastro v. Bd. of Trs., Pub. Emps. Ret. Sys., 266 N.J. Super. 445, 456 (App. Div. 1993). 12 A-2450-19 For …
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… on different dates. The substances were either heroin or a combination of heroin and fentanyl. The jury was unable to … were violated; (2) the aggravating and mitigating factors found by the sentencing 10 A-0135-19 court were not … record; or (3) "the application of the guidelines to the facts of [the] case makes the sentence clearly unreasonable …
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… and Haas. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-739. Carl N. Tripician argued … for the position based on her prior experience, satisfactory employment evaluations,1 and lack of disciplinary … v. Bd. of Trs. of the Tchrs.' Pension & Annuity Fund, 326 N.J. Super. 395, 400 (App. Div. 1999). In determining if …
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… the motion judge reasonably understood defendant was complaining about cost - of-living adjustments (COLAs) and … it difficult to allocate child-care expenses "to the satisfaction of both parties." Nonetheless, as set forth in the … in family matters.'" Thieme v. Aucoin-Thieme, 227 N.J. 269, 282-83 (2016) (quoting Cesare v. Cesare, 154 N.J. 394, …
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… ________________________ Submitted January 26, 2022 – Decided February 10, 2022 Before Judges Hoffman … the State agreeing to dismiss all remaining charges and recommend that defendant be sentenced as a second-degree … 2C:43-7.2. In her plea colloquy, defendant provided a factual basis and the court accepted defendant's guilty …