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njcourts.gov
… In exchange for defendant's guilty plea, the State recommended a noncustodial probationary term consistent with … State v. Peters, 129 N.J. 210 (1992), which shared similar fact patterns. In both cases, the defendants pled guilty to … only if the judge "is clearly convinced that the mitigating factors clearly substantially outweigh the aggravating …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY MALA SUNDAR … same issue was presented however, with a slightly different factual posture, i.e., without the sale of Lot 31. The factual and procedural history is noted in the court’s …
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njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS Date: February 27, 2020 Virginia … court’s reasoning is set forth below. Procedural History/Factual Background In 2018, the Subject Property was … for decision without trial, on the grounds that sufficient facts have been admitted, stipulated, established by …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… and remand for further proceedings. We briefly recite the facts. Appellant married S.F. on August 30, 2011. They have … but, in taking into account the aggravating and mitigating factors associated with the incident, the abuse/neglect does … result of an established finding is 'significant' and is accompanied by 'longstanding adverse consequences,' which, in …
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njcourts.gov
… TO THE JURY'S FUNCTION AND DEFENDANT'S FAILURE TO COMPLY WITH THE JUDGE'S WARNING SUGGESTED THAT HE HAD … 39:3-40 conviction. I. We briefly summarize the relevant facts. On December 15, 2014, Sgt. Michael Hoppe of the South … from a supervisor with the New Jersey Motor Vehicle Commission. The supervisor explained that defendant's …
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njcourts.gov
… appeal ensued. 3 A-2145-18T1 We summarize the pertinent facts recited in our prior opinion. See Fou, slip op. at … would be no other equitable distribution. Tung filed a complaint on plaintiff's behalf, and on May 4, 2009, the … agreements and the PSA, which made no mention of dividing company assets. Therefore, the judge invalidated all of the …
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njcourts.gov
… POINT II THE STATUTE OF N.J.S.A. 2C:19-1A STATES ["A PERSON COMMITS AN OFFENSE IF HE PURPOSELY OBSTRUCTS, IMPAIRS, OR … BEYOND A REASONABLE DOUBT: (1) THAT THE DEFENDANT (A) COMMITTED AN ACT OF FLIGHT, INTIMIDATION, FORCE, VIOLENCE, … OR PHYSICAL INTERFERENCE OR OBSTACLE"]. POINT III GIVEN THE FACTS, APPELLANT DID NOT COMMIT A VIOLATION OF OBSTRUCION …
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njcourts.gov
… of any prior proceedings; or 5 A-2714-17T4 (B) [T]hat the factual predicate for the relief sought could not have been … through the exercise of reasonable diligence, and the facts underlying the ground for relief, if proven and viewed … the petition within one year from when one of these grounds commenced. Its time limitation "shall not be relaxed, except …
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njcourts.gov
… R. 2:11-3(e)(2), and affirm. We add only a few brief comments. As for defendant's first three points, some … on Rand Street. There, the officers saw a young man, J.R., come out of a house, enter the van defendant was driving, … Div. 1999). A defendant must support such a claim with "the facts" that the pursuit of the alleged omitted step "would …
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njcourts.gov
… is administratrix. Finding no error, we affirm. The facts are largely undisputed and easily summarized. Mr. … court pursuant to Rule 4:57-1. Plaintiffs amended their complaint to add his estate and Gleyzer as administratrix. … in full settlement of their claims, $250,000 of which would come from the insurance proceeds on deposit with the …
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njcourts.gov
… without good cause attributable to the work. We affirm. The facts derived from the record are summarized as follows. … picking up his belongings. Garrett responded: "Okay, I'll come tomorrow around noon. Please make sure my vehicle is … the local level of employment. The employer also provided factual information regarding the governance of state …
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njcourts.gov
… [q]uahogs (harvested and unharvested)[,] and [defendants] completed all obligations for payment concerning the leasing … by the judge, or a jury if there are genuine issues of fact as to the parties' intent. [Id. at 13-14.] We pointed … perform its contract obligations, where performance has become literally impossible, or at least inordinately more …
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njcourts.gov
… disability retirement benefits. We affirm. The following facts are taken from the record. Petitioner was employed as … and was a part of evaluating teacher contributions to the community. Therefore, petitioner argues the Board erred … to work commissioned by her employer. We conclude the ALJ's factual findings, as adopted by the Board are supported by …
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njcourts.gov
… FERRIOLA, Plaintiff-Appellant, v. THE CINCINNATI INSURANCE COMPANY, Defendant-Respondent. … by not considering the entire lost wage claim and workers' compensation lien. We disagree and affirm. Plaintiff … the first award, the arbitrators did not make findings of facts or conclusions of law or properly explain the reason …
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njcourts.gov
… 7, 2016, plaintiff Bergenline Avenue LLC filed a verified complaint for eviction against defendant pursuant to … of the evidence. "Our review of a judge's findings of fact in a bench trial is limited." Mountain Hill, LLC v. … Ins. Co., 65 N.J. 474, 484 (1974)). We do not disturb the factual findings and legal conclusions of the trial judge in …
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njcourts.gov
… 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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njcourts.gov
… a juvenile, was adjudicated delinquent for acts which, if committed by an adult, would constitute second-degree … (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). "[T]he factual findings of the trial court are binding on appeal … Super. 155, 165 (App. Div. 2003). "[W]e do not disturb the factual findings and legal conclusions of the trial judge …
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njcourts.gov
… plaintiff's mortgage lien. Plaintiff filed a foreclosure complaint in June 2015. Plaintiff attempted to serve defendant personally with the summons and complaint on nine different occasions at the property, but … received plaintiff's motion to reinstate the complaint. In fact, plaintiff served the motion at the same address where …