Search Rutgers Law Library N.J. Court Opinions

121 STATE OF NEW JERSEY v. JEREMIAH A. JACKSON -- rank: 724

... A. 2C:43-7.2. The court found aggravating factors N.J.S.A. 2C:44-1(a)(1) (nature of the offense), (2) (the gravity and ... He argues that the court erred in finding aggravating factors N.J.S.A. 2C:44-1(a)(1) (nature of the offense), N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on the victim), and N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal record ... consider the relevant aggravating factors and may consider mitigating factors. N.J.S.A. 2C:44-1(a) and (b). Provided that the trial judge followed the ... which he has been convicted), and nine (need for deterrence). N.J.S.A. 2C:44-1(a)(1), (2), (3), (6), and (9). The judge ...

docket:	a1425-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-01
status:	unpublished
citation:
Document Size:	51686

122 STATE OF NEW JERSEY v. JOHN KATSIGIANNIS -- rank: 724

... year maximum term. The judge invoked aggravating sentencing factors one, N.J.S.A. 2C:44-1(a)(1) (whether the nature of the defendant's conduct was "especially heinous, cruel, or depraved"); two, N.J.S.A. 2C:44-1(a)(2) (gravity of the offense); three, N.J.S.A. 2C:44-1(a)(3) (risk of re-offense); and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence). Conversely, the judge found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant's lack of criminal history), applied. The ... sufficient basis for finding the presence of aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (requiring a heightened character of the nature ...

docket:	a4685-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	78348

123 STATE OF NEW JERSEY v. MICHAEL MITCHELL -- rank: 724

... he gravity and seriousness of harm inflicted on the victim,' N.J.S.A. 2C:44-1(a)(2); '[t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3); '[t]he extent of the defendant's prior ... seriousness of the offenses of which he has been convicted,' N.J.S.A. 2C:44-1(a)(6); the need for deterrence, N.J.S.A. 2C:44-1(a)(9); and '[t]he offense involved an act of ... one act of domestic violence on more than one occasion,' N.J.S.A. 2C:44-1(a)(15). We discern no abuse of discretion. The record ... court rejected defendant's request to find mitigating factor three, N.J.S.A. 2C:44-1(b)(3), that defendant acted under a strong provocation, ...

docket:	a5558-18
court:	NJ Superior Court Appellate Division
decided:	2023-02-09
status:	Unpublished
citation:
Document Size:	68202

124 STATE OF NEW JERSEY v. HAROLD S. MAGBY -- rank: 724

... 2013). 2 A-0628-16T2 aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b) and determined that the aggravating factors outweighed ... trial court made several findings regarding aggravating factors pursuant to N.J.S.A. 2C:44-1(a). The court found support for aggravating factor number three, the risk of reoffending, N.J.S.A. 2C:44-1(a)(3), was high because defendant was previously convicted of ... number six, the severity of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6), because defendant had a prior juvenile adjudication and ... support for aggravating factor number nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The trial court also made several findings regarding mitigating factors pursuant to N.J.S.A. 2C:44-1(b). The court did not find support for mitigating ...

docket:	a0628-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-01
status:	unpublished
citation:
Document Size:	38098

125 STATE OF NEW JERSEY v. KENNETH B. GREEN -- rank: 724

... support its findings that aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), (6) and (9), applied. Green further argues the ... both defendants: "risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); extent of the defendant's prior criminal record ... seriousness of the offense of which he has been convicted," N.J.S.A. 2C:44-1(a)(6); and "need for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a) (9). The court found no mitigating factors. At sentencing ... also argues the judge should have found mitigating factor (4), N.J.S.A. 2C:44-1(b)(4) ("[t]here were substantial grounds tending to excuse ...

docket:	a2342-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-08
status:	unpublished
citation:
Document Size:	92580

126 State v. Joseph M. Jaffe -- rank: 724

... analysis of the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1.” 210 N.J. 330, 348 (2012). The Court also ... s conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8), his character and attitude demonstrated that he was unlikely to commit another offense, N.J.S.A. 2C:44-1(b)(9), he was likely to respond affirmatively to probationary treatment, N.J.S.A. 2C:44-1(b)(10), and imprisonment would result in excessive hardship to himself and his dependents, N.J.S.A. 2C:44-1(b)(11). Emphasizing defendant’s role in the conspiracy was ... defendant’s cooperation with the prosecution of his co-defendants, N.J.S.A. 2C:44-1(b)(12). The court agreed that defendant’s pre- ...

docket:	A-12-13
court:	NJ Supreme Court
decided:	2014-12-15
status:
citation:
Document Size:	61768

127 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 722

... 44-3(a). The trial judge found three aggravating factors: N.J.S.A. 2C:44-1(a)(3), the risk of reoffense; (6), the extent and ... 3 As for Manuel, the trial court found aggravating factors N.J.S.A. 2C:44-1(a)(3), (6), and (9), no mitigating factors and ruled ... 2C:44-3(a), the trial court found aggravating factors N.J.S.A. 2C:44-1(a)(3), (6), and (9) and no mitigating factors. Candido ... the record supports the judge's findings of aggravating factors N.J.S.A. 2C:44-1(a)(3), (6) and (9). Candido's sentence must be ... mitigating factor eleven, incarceration as a hardship on his family. N.J.S.A. 2C:44-1(b)(11); State v. Mirakaj , 268 N.J. Super. 48 ... of conviction indicate that the trial judge found aggravating factor, N.J.S.A. 2C:44-1(a)(11). We recognize this is likely a typographical ...

docket:	a1331-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	76420

128 STATE OF NEW JERSEY v. LUIS HERNANDEZ -- rank: 722

... length of the sentence, the trial court found aggravating factors, N.J.S.A. 2C:44-1(a)(3) (the risk that the defendant will commit another offense), N.J.S.A. 2C:44-1(a)(6) (the extent of the defendant's prior criminal ... the offenses of which he had been previously convicted) and N.J.S.A. 2C:44-1(a)(9) (the need for deterring the defendant and others ... from violating the law). He acknowledged one applicable mitigating factor, N.J.S.A. 2C:44-1(b)(12), based on defendant's willing cooperation with law ...

docket:	a5489-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-05
status:	unpublished
citation:
Document Size:	49158

129 STATE OF NEW JERSEY v. BRETT J. LANDES -- rank: 722

... State v. Trinidad, 241 N.J. 425, 453 (2020) (quoting N.J.S.A. 2C:44-1(f)(2)). A sentencing court must find both prongs of ... 1987)). At sentencing, the court found aggravating factor nine of N.J.S.A. 2C:44- 1(a) applied, the need for general and specific deterrence, and ... the public. The sentencing court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), defendant's lack of a prior criminal history; eight, N.J.S.A. 2C:44-1(b)(8), that defendant's conduct was the result of circumstances unlikely to reoccur; and nine, N.J.S.A. 2C:44-1(b)(9), defendant's character and conduct indicate he is ... waive his right to appeal; and (3) mitigating factor eight, N.J.S.A. 2C:44-1(b)(8), was found. Affirmed in part and remanded ...

docket:	a1053-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-15
status:	Unpublished
citation:
Document Size:	58920

130 STATE OF NEW JERSEY v. MANUEL MAYAS -- rank: 722

... 44-3(a). The trial judge found three aggravating factors: N.J.S.A. 2C:44-1(a)(3), the risk of reoffense; (6), the extent and ... 3 As for Manuel, the trial court found aggravating factors N.J.S.A. 2C:44-1(a)(3), (6), and (9), no mitigating factors and ruled ... 2C:44-3(a), the trial court found aggravating factors N.J.S.A. 2C:44-1(a)(3), (6), and (9) and no mitigating factors. Candido ... the record supports the judge's findings of aggravating factors N.J.S.A. 2C:44-1(a)(3), (6) and (9). Candido's sentence must be ... mitigating factor eleven, incarceration as a hardship on his family. N.J.S.A. 2C:44-1(b)(11); State v. Mirakaj , 268 N.J. Super. 48 ... of conviction indicate that the trial judge found aggravating factor, N.J.S.A. 2C:44-1(a)(11). We recognize this is likely a typographical ...

docket:	a5694-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	72166

131 /usr/local/share/www/libweb/collections/courts/appellate/a-13-14-21.opn.html -- rank: 722

... nine, the need for deterrence, applied to both defendants. See N.J.S.A. 2C:44-1(3), (6), and (9). The court found that no mitigating ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	67548

132 STATE OF NEW JERSEY, v. TONIJAH CRISS -- rank: 722

Original Wordprocessor Version NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-4145-10T2 A-4986-10T2 STATE OF NEW JERSEY, A-5322-10T2 A-1345-11T2 Plaintiff-Respondent, v. TONIJAH CRISS, Defendant-Appellant. ____________________________________ STATE OF NEW JERSEY ...

docket:	a1345-11
court:	superior court trial
decided:	2015-03-03
status:	unpublished
citation:
Document Size:	288546

133 STATE OF NEW JERSEY v. AMY LOCANE -- rank: 722

... the severity of the crime. She found aggravating factors one, N.J.S.A. 2C:44-1(a)(1), the nature and circumstances of the offense; two, N.J.S.A. 2C:44-1(a)(2), the gravity and seriousness of the harm to ... that the victim was particularly vulnerable for any reason; three, N.J.S.A. 2C:44- 1(a)(3), the risk of reoffense; and nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence. She also found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7), defendant's lack of criminal history; and eleven, N.J.S.A. 2C:44-1(b)(11), the hardship her imprisonment will inflict on ...

docket:	a1158-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-03
status:	Unpublished
citation:
Document Size:	41604

134 State v. Sally A. McDonald -- rank: 722

... offenses), and nine (need to deter defendant and others), see N.J.S.A. 2C:44-1(a), and found no mitigating factors, see N.J.S.A. 2C:44-1(b). The court specifically rejected defense counsel’s argument on ... defendant’s conduct neither caused nor threatened serious harm,” N.J.S.A. 2C:44-1(b)(1), because she stole over one million dollars from ... “defendant has compensated or will compensate the victim,” N.J.S.A. 2C:44-1(b)(6), because, even though there were civil cases pending ...

docket:	A-56-10
court:	NJ Supreme Court
decided:	2012-02-16
status:
citation:
Document Size:	51641

135 /usr/local/share/www/libweb/collections/courts/supreme/a4012-14.opn.html -- rank: 722

... factors three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, the need to deter the defendant ... s conduct neither caused nor threatened to cause serious harm, N.J.S.A. 2C:44-1(b)(1), and two, that defendant did not contemplate that his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2). We review a "trial court's 'sentencing determination ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	80433