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… if "the court is clearly convinced that the mitigating factors substantially outweigh the aggravating factors and where the interest of justice demands[.]" … two to a second-degree offense, dismiss count one, and recommend a five-year term of imprisonment with no period of …
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… legal principles, we affirm. I. We discern the following facts from the record. Tretsis enrolled in the PFRS on … 5 A-1723-18T1 application in abeyance pending the outcome of Tretsis' removal appeal. It also expressed concern … well equipped to read . . . and to evaluate the factual and technical issues that . . . rulemaking would …
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… The judge also found "no legal basis . . . to disturb the factual findings and ultimate decision of the Board." He … a nonconformity is essential to concluding it was in fact abandoned. Berkeley Square Ass'n, Inc. v. Zoning Bd. of … local board," and therefore we cannot conclude the Board's factual determination in this regard was unsupported by …
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… (DOC), which upheld an adjudication and sanctions for committing prohibited act *.252, encouraging others to riot, … wings, and remain in their bunks until a head count was completed. Repeated orders were ignored. Instead, the … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan …
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… the challenges and limitations of the COVID-19 pandemic complicating the negotiations. On June 24, 2020, defendant … defendant credible. He resolved the parties' significant factual disputes in defendant's favor.3 III. Motions for … reasonable." Ibid. "[B]ias is not established by the fact that a litigant is disappointed in a court's ruling on …
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… rejecting a favorable plea offer. We affirm. We derive the facts from our prior decision in the direct appeal. State v. … and S.F. called the police. V.S. testified that S.F. had come outside holding a broken glass bottle and that … of a PCR court's determination, we defer to the court's factual findings, including credibility determinations, if …
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… a $10,000 lien on defendant's personal injury suit as an accommodation in light of his family's friendship with … defendant could plead to aggravated assault and it would recommend an eight-year NERA sentence. Counsel testified he … claim that trial counsel was ever made aware of that fact. The credible evidence in the record, supplied by …
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… Register of Historic Places, was utilized by the Rogers Locomotive Works, one of the largest and most prominent locomotive manufacturers in the nineteenth century. A Rogers locomotive was … granting summary judgment on its civil rights claim and, in fact, that the judge should have granted summary judgment in …
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… (UBNJ) "to provide deer management services" for one year "commencing with the 2018-2019 deer hunting season." The … the cull and acknowledging that a list of hunters did in fact exist. Convertini continued to deny plaintiff access to … information—require a careful balancing of the" following factors: 7 A-2252-18T3 (1) the type of record requested; (2) …
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… Exposition Authority [NJSEA] and the New Jersey Meadowlands Commission, "the two agencies with the common interest of … development plan satisfied all these criteria, except factor G. The Commissioners found Dredge Management's … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… but sought to prove he lacked the mental state required to commit murder. Defendant presented an expert who opined that … is not time barred because under Rule 3:22-12(a)(2)(B), the factual predicate for the petition could not have been … 129 N.J. at 459. "To sustain that burden, specific facts" that "provide the court with an adequate basis on …
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… that the original plaintiff in this case, Wilmington Trust Company ("Wilmington"), did not have standing to bring a … judgment. For the reasons that follow, 1 The foreclosure complaint lists other defendants, but they have not … judgment was improper because of contested issues of fact; (2) Wilmington lacked standing to bring the …
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… (SPRS) that rejected the Administrative Law Judge's (ALJ) recommendation for partial forfeiture of his pension credit … forfeiture of benefits, the Board balanced the eleven factors set forth in N.J.S.A. 43:1-3(c): (1) the member's … Law for a hearing. The ALJ, after balancing the Uricoli factors, found that while Link's misconduct began on April …
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… an earlier order denying their motion to reinstate their complaint . We affirm. I. This dispute arises from … should not seek reconsideration merely because of dissatisfaction with a decision of the [c]ourt." Capital Fin. Co. of … 151. "[W]hether laches should be applied depends upon the facts of the particular case and is a matter within the …
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… FOR THE TIME HE SERVED IN CUSTODY PRIOR TO SENTENCING, COMBINED WITH HIS FAILURE TO EXPLAIN TO DEFENDANT THE … with Rule 3:9-2, after ensuring that there was an adequate factual basis, and that the plea was made "freely and … In an accompanying written decision, the judge reviewed the factual background and procedural history of the case, made …
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… for the reasons expressed by Judge Paul X. Escandon in his comprehensive written opinion. In August and September 2016, … pleading guilty of your own free will because you are, in fact, guilty? A. Yes. Q. Has [your attorney] answered all … A. Yes. The court found that defendant provided an adequate factual basis for the guilty plea and that she "fully …
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… August 2, 2019 dismissal on summary judgment of plaintiff's complaint, and the September 13, 2019 denial of … party argued this to the trial judge. The procedural and factual circumstances leading to the two orders are … Appellate courts have in the past been mindful of the fact that in some cases a motion for reconsideration may …
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… to drive; S.C. was highly intoxicated and making suicidal comments when the officers arrived.1 Solari, slip op. at 6. … in a prior proceeding only if defendant shows that the factual predicate for that ground could not have been … "is . . . available to a petitioner if he can show that the facts that form the basis for relief 'could not have been …
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… issued after a Special Civil Part trial, that dismissed his complaint for enforcement pursuant to N.J.S.A. 12A:3-414(b), … judgments, not opinions or oral decisions). We discern the facts from the record of the May 23, 2019 Special Civil Part … rendered defendant's payment a legal nullity. Grzyb-Kelly completed the electronic deposit by taking pictures of the …
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… from the trial court's April 6, 2018 order dismissing its complaint challenging the Supreme Court's authority to … time a defendant was a A-3961-17T2 3 fugitive the primary factor for consideration. Only when a judge finds … the "sole outcome" test,2 that the revised guidelines embodied only procedural devices intended to advance the …