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njcourts.gov
… N.J.S.A. 2C:14-2(b) (victim E.T.). The State agreed to recommend a maximum aggregate sentence of twenty-years … 3 A-1549-17T4 The sentencing judge found aggravating factors two (gravity of harm), three (risk of re-offense), … trust) and nine (need for deterrence)1 and mitigating factor seven (no prior criminal history),2 but gave more …
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njcourts.gov
… the patents to defendant "in partial payment and satisfaction of the indebtedness." In this appeal, we are asked … the patents to defendant in partial payment and satisfaction of the loan. Specifically, it stated: Interactive … the agreement, Interactive transferred and assigned "a complete and unconditional transfer" of the patents to …
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njcourts.gov
… in part, that "[[d]efendant] has not provided a sufficient factual basis to determine that 3 A-3948-17T4 more … POINT TWO THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW ON [DEFENDANT'S] PRO SE CLAIMS. … for the reasons expressed in Judge Caulfield's comprehensive written opinion, including the judge's …
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njcourts.gov
… guilty of the charges. We affirm. We discern the following facts from the record. On November 22, 2016, Trooper Rafael … he pursued defendant's SUV for the motor vehicle violations committed. He used his siren to indicate that he intended to … after considering the applicable aggravating and mitigating factors. This appeal followed with defendant presenting the …
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njcourts.gov
… Manual (the Manual) issued by the New Jersey Motor Vehicle Commission (MVC), which includes estimated stopping … the stopping distance, which depends on a variety of factors including speed, motorist reaction time, weather … the 10 A-4776-17T4 witness' testimony or in determining a fact in issue." N.J.R.E. 701. Lay opinion testimony is …
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njcourts.gov
… having been charged under two indictments for crimes committed when he was sixteen years old,3 pleaded guilty to … period of parole ineligibility "did not amount to a de facto life sentence as it afforded him the opportunity to … and he is young today," and found "there's one mitigating factor, his age." The judge also noted that defendant did …
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njcourts.gov
… . . . inadmissible" and carefully considered the factors contained in N.J.R.E. 609(b), which provides: Use of … at 234. Defendant's argument in Point II, however, involves comments by the assistant prosecutor in summation that, at … It's your turn, get involved, convict on all charges, ladies and gentlemen. Thank you very much for all your time. 7 …
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njcourts.gov
… award of counsel fees in May 2014 was due to defendant's noncompliance with the court order providing for discovery. As … In determining the fee award, the judge must address the factors set forth in Rule 5:3-5(c): (1) the financial … existing orders or to compel discovery; and (9) any other factor bearing on the fairness of an award. As noted by our …
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njcourts.gov
… (count two). Under the terms of the agreement, the State recommended sentencing defendant as a second-degree offender … a memorandum urging the trial court to find mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (lack of a prior … defendant's "character" warranted a finding of mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character …
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njcourts.gov
… arises from a dispute involving payment of a broker's commission stemming from the sale of a property. Plaintiff, … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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njcourts.gov
… to -35. She also appeals from the dismissal of her cross-complaint seeking an FRO against plaintiff. The parties' … N.J. 108, 117 (1997)). Accordingly, we will not disturb the factual findings of the trial judge unless they are so … is a rational inference, that it permits the trier[] of fact to arrive at a conclusion grounded in a preponderance …
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njcourts.gov
… FRUMER, Plaintiffs-Respondents, v. NATIONAL HOME INSURANCE COMPANY1 and HOME BUYERS WARRANTY CORPORATION, … of remedy and shall bar the Homeowner from all other remedies. A-1379-10T4 4 Nothing herein shall be deemed to limit … law and the legal consequences that flow from established facts are not entitled to any special deference.'" Id. at …
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njcourts.gov
… (count two). Under the terms of the agreement, the State recommended sentencing defendant as a second-degree offender … a memorandum urging the trial court to find mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (lack of a prior … defendant's "character" warranted a finding of mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character …
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njcourts.gov
… arises from a dispute involving payment of a broker's commission stemming from the sale of a property. Plaintiff, … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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njcourts.gov
… the Pretrial Intervention Program (PTI). Shortly before completing PTI, Holloway was cited for violations of the … there was no hearing conducted in 2015 that addressed the factors governing the termination of PTI, we reverse the … "misconceives the applicable law or misapplies it to the factual" situation, an abuse of discretion can be found. …
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njcourts.gov
… hearing. We affirm. We incorporate by reference the facts and procedural history set forth in our prior … remanded the matter to the trial court with instructions to complete a testimonial hearing. State v. Murphy, No. … hearing "is necessarily deferential to [the] PCR court's factual findings based on its review of live witness …
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njcourts.gov
… 2C:25-17 to -35. The family part judge found defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, … future threats or acts of domestic violence. We affirm. The facts are taken from the testimony of the parties and … determinations. Ibid. We will not overturn a judge's factual findings and legal conclusions unless we are …
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njcourts.gov
… Fuentes, 217 N.J. 57, 70 (2014). We give deference "to the factual findings of the trial court so long as those … as N.J.S.A. 2C:40-26 that required a minimum sentence. In fact, N.J.S.A. 2C:40- 26 was not effective until 2009. See …
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njcourts.gov
… defaulted on her mortgage. Sun National Bank filed a complaint to foreclose on the property in November 2013. A … Bank, 205 N.J. 150, 169 (2011). "[W]e do not disturb the factual findings and legal conclusions of the trial judge … of Am., 65 N.J. 474, 484 (1974)). The court's findings of fact are "binding on appeal when supported by adequate, …
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njcourts.gov
… Department of Corrections (NJDOC), which found that he committed certain prohibited acts and imposed disciplinary … his clothing had been altered. The DHO also stated that the fact that Ibrahim had destroyed the item "suggests he was … the .256 charge to a *.708 charge. He contends there was no factual basis for the *.708 charge. Ibrahim asserts he only …