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… criminal sexual contact, N.J.S.A. 2C:14-3(a). He admitted committing the offenses between December 2009 and December … that the nature of the victim's development was a critical fact in ascertaining whether he engaged in an act of … of the first-degree range after finding that aggravating factors two ("[t]he gravity and seriousness of the harm …
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… Judges Whipple and Mawla. On appeal from Civil Service Commission, Docket Nos. 2015-1444, 2015-2658 and 2015- 2872. … challenged the reclassification, arguing she was in fact performing the duties of an AA4. The Division of State … a waiver of the salary overpayment if she could satisfy the factors outlined in N.J.A.C. 4A:3-4.21. Petitioner moved for …
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… principles of law, we affirm. We derive the following facts from the suppression motion record. In the week prior … saran wrap. 2 Lugo testified that tinted saran wrap is commonly used for the packaging of bulk heroin. 4 … reviewing a motion to suppress, "we accord deference to the factual findings of the trial court." State v. Scriven, 226 …
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… limited. R.1:36-3. July 6, 2017 2 A-0820-15T3 We derive the facts from the evidence presented at trial. Defendant lived … findings and balancing of the aggravating and mitigating factors are supported by adequate evidence in the record, …
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… have twin children who were born in 2011. Plaintiff filed a complaint for divorce in May 2014. On March 23, 2015, the … owe substantial deference to the Family Part's findings of fact because of that court's special expertise in family … 411-12 (1998). Thus, "[a] reviewing court should uphold the factual findings undergirding the trial court's decision if …
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… DOCKET NO. A-0995-15T2 A-0996-15T2 IN THE MATTER OF THE COMMITMENT OF W.K. _____________________________ IN THE … is 'so clear, direct and weighty and convincing' that the factfinder can 'come to a clear conviction' of the truth … N.N., supra, 146 N.J. at 130. There must be, in fact, a "substantial risk of dangerous conduct within the …
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… on May 29, 2015, the court entered an order dismissing the complaint without prejudice. Two months later, the July 27, … and to extend discovery, and the second dismissed the complaint with prejudice pursuant to Rule 4:23-5(a)(2). By … in the judge's refusal to extend discovery. Although that fact may ultimately prove fatal to some or all of …
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… more than eight stories and up to 130 feet in height. Other commercial property in the Journal Square core, designated … law and the legal consequences that flow from established facts are not entitled to any special deference."). We have … 562, 570 (2003). The LRHL grant of authority to municipal bodies to "exercise all those public and essential …
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… (App. Div. June 30, 2011) (slip op. at 5).1 We detailed the facts underlying defendant's convictions in that opinion, … Id. at 5. The trial judge expressed dismay with the comment, asserting that it was improper for an opening … of the use of an imitation gun as an aggravating factor at sentencing. A defendant's constitutional right to …
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… ROBERT J. TRIFFIN, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS HERNANDO COUNTY, Defendant-Respondent, and … Cliff, 419 N.J. Super. 1, 8 (App. Div. 2011). The court's factual findings, however, will not be disturbed if … credible evidence." Ibid. "[W]e do not disturb the factual findings and legal conclusions of the trial judge …
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… for an administrative hearing. We glean the following facts and procedural history from the scant record on … not reasonably have been made on a showing of the relevant factors." In re Proposed Quest Acad. Charter Sch. of … of entitlement.'" Nicoletta v. N. Jersey Dist. Water Supply Comm'n, 77 N.J. 145, 154-55 (1978) (quoting Bd. of Regents …
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… Interstate Restoration, LLC, and denying its motion to compel arbitration. We conclude that the motion record raised material factual disputes concerning service of process, and also … 3 A-2187-16T3 that led to the litigation. He detailed the factual basis for defendant's contention that it duly …
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… a tenant on the leased property, we affirm. The Powells own commercial property located in Phillipsburg, New Jersey. … premises located in Phillipsburg to SMP Inc., a trucking company engaged in the transportation of freight by truck, … is proper where there is no genuine issue of material fact when the evidence is viewed in the light most favorable …
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… DIVISION DOCKET NO. A-3616-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF D.B., SVP-725-15. … found no clear mistake or error in either the trial court's factual determinations or its legal conclusions. To the … evidence on the record. We therefore affirm. These are the facts. On different dates between August 1988 and May 1989, …
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… judgment to the remaining defendants dismissing plaintiff's complaint, and denied plaintiff's cross-motion to file a second amended complaint to include a claim to an equitable interest in … of the successful motion. Brill, 142 N.J. at 540. The facts as viewed in the light most favorable to plaintiff …
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… APPELLATE DIVISION DOCKET NO. A-0222-16T1 MARY MELVIN, Complainant-Appellant, v. NEW JERSEY DIVISION OF CHILD … result in danger to a child, insubordination, conduct unbecoming a public 3 A-0222-16T1 employee, and violations of … if there is a "reasonable ground of suspicion supported by facts and circumstances strong enough in themselves to …
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… is limited. R. 1:36-3. January 22, 2018 2 These are the facts. On August 13, 1982, Bland committed a burglary and robbery of a residence where J.M., … 2015, and established a thirty-six month FET. Aggravating factors noted were: (1) his prior offense record; (2) his …
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… was false. . . . [M]y chief had told Mr. Brito . . . come to [the judge's courtroom] as the subpoena directs, and … attempting to establish an alibi[,] . . . the overwhelming facts of the case . . . flew in . . . the face of that." See … of review is necessarily deferential to a PCR court's factual findings . . . [and] we will uphold the PCR court's …
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… BY THE LAW DIVISION, ALONG WITH THE UNDERLYING CRIMINAL COMPLAINT, BECAUSE THE MUNICIPAL COURT IMPROPERLY ASSUMED A … court and the magistrate has reason to believe that the factual situation out of which the complaint arose may also … only another layer of notice to the executive branch. In fact, notice to the police afforded greater insulation …
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… his conviction. On this appeal, we defer to the PCR judge's factual findings and credibility determinations, issued … At the trial, the State's case against defendant was uncomplicated. Defendant was arrested after a police officer … cross-examining two prosecution witnesses. Focusing on the fact that the police did not find the baggie of suspected …