Search Rutgers Law Library N.J. Court Opinions

16 State v. Buddy Randolph -- rank: 848

... defendant will reoffend and need to deter defendant and others, N.J.S.A. 2C:44-1(a)(3) & (9)); and that those factors supported imposing a ... the analysis of aggravating and mitigating factors set forth in N.J.S.A 2C:44-1, some of which relate to the crime, and some of ... unlikely to recur and the character and attitude of defendant. N.J.S.A. 2C:44-1(b). As at sentencing, a defendant in a resentencing is ... found that aggravating factors three, the risk defendant will reoffend, N.J.S.A. 2C:44-1(a)(3), and nine, the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9), applied, and that no mitigating factors were present ... again found the presence of aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9). The court also reviewed the ...

docket:	A-87-10
court:	NJ Supreme Court
decided:	2012-06-18
status:
citation:	210 N.J. 330 44 A.3d 1113
Document Size:	170279

17 State v. Rashaun Bell -- rank: 845

... presumption of non-incarceration for third-degree offenses provided in N.J.S.A. 2C:44-1(e). In 2007, the Legislature made a violation of N ...

docket:	a-75-20
court:	NJ Supreme Court
decided:	2022-05-16
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Document Size:	83483

18 /usr/local/share/www/libweb/collections/courts/appellate/a-51-17.opn.html -- rank: 841

... four aggravating factors: the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the substantial likelihood that defendant was involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5); and the need for deterrence, N.J.S.A. 2C:44- 1(a)(9). The judge also found one mitigating factor. An ... defendant’s lack of a prior juvenile or criminal record, N.J.S.A. 2C:44-1(b)(7), and mitigating factor eight, “[t]he defendant� ... conduct was the result of circumstances unlikely to recur,” N.J.S.A. 2C:44-1(b)(8), to which she assigned “minimal weight. ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:	235 N.J. 420 196 A.3d 563
Document Size:	78451

19 State v. Nicholas Kiriakakis -- rank: 841

... four aggravating factors: the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the substantial likelihood that defendant was involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5); and the need for deterrence, N.J.S.A. 2C:44- 1(a)(9). The judge also found one mitigating factor. An ... defendant’s lack of a prior juvenile or criminal record, N.J.S.A. 2C:44-1(b)(7), and mitigating factor eight, “[t]he defendant� ... conduct was the result of circumstances unlikely to recur,” N.J.S.A. 2C:44-1(b)(8), to which she assigned “minimal weight. ...

docket:	a-51-17
court:	New Jersey Supreme Court
decided:	2018-11-05
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Document Size:	78516

20 /usr/local/share/www/libweb/collections/courts/trial/state-v-henry.opn.html -- rank: 839

... by the Criminal Code for sentencing of offenses and crimes, N.J.S.A. 2C:44-1. Even if the factors are not mandated, they provide appropriate ... imposing sentence for someone “convicted of an offense.” N.J.S.A. 2C:44-1. The court in State v. Walsh , 236 N.J. Super ... a] sentence, including its findings respecting the criteria prescribed by N.J.S.A. 2C:44-1 to 2C:44-3 for withholding or imposing imprisonment, fines ... concluded that a predecessor to the rule, in importing the N.J.S.A. 2C:44-1 criteria, also imported the limitation that they apply only to ... In many respects, those generally coincide with the criteria in N.J.S.A. 2C:44-1. However, the Moran factors are not as extensive as the factors in N.J.S.A. 2C:44-1, particularly as they relate to mitigating circumstances. (In an ...

docket:	State-v-Henry
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
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Document Size:	50412

21 /usr/local/share/www/libweb/collections/courts/appellate/a2432-20.opn.html -- rank: 832

... or second-degree crime, to a third- degree crime. See N.J.S.A. 2C:44-1(f)(2). The State also contends the sentencing judge erred ... The judge further concluded a sentencing downgrade was warranted under N.J.S.A. 2C:44-1(f)(2), finding the mitigating factors substantially outweighed the aggravating ... J.S.A. 2C:43-6.5(c)(2) AND [ N.J.S.A.] 2C:44-1(d). Defendant raises several arguments regarding the evidence in support ... found only two aggravating factors. He applied aggravating factor four, N.J.S.A. 2C:44-1(a)(4), that a lesser sentence would depreciate the seriousness ... of official misconduct. The judge also applied aggravating factor nine, N.J.S.A. 2C:44- 1(a)(9), the need for deterrence, but only as to ... applied to defendant's case. He found mitigating factor one, N.J.S.A. 2C:44-1(b)(1), applied because defendant's conduct neither caused ...

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22 /usr/local/share/www/libweb/collections/courts/appellate/a3781-18.opn.html -- rank: 830

... contemplate that his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2). A-3781-18T4 8 2. Mitigating factor four, substantial grounds tending to excuse defendant's conduct, N.J.S.A. 2C:44-1(b)(4). 3. Mitigating factor six, defendant will compensate the ... victim of his conduct for the damage or injury sustained, N.J.S.A. 2C:44-1(b)(6). 4. Mitigating factor eight, defendant's conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8). I. Defendant was acquitted of first-degree corruption ... we reach the State's cross-appeal, filed pursuant to N.J.S.A. 2C:44-1(f)(2). The State challenges as inconsistent with the Criminal ... Div. 2005). In this case, the State appeals pursuant to N.J.S.A. 2C:44-1(f)(2), which authorizes such action when the trial ...

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23 STATE OF NEW JERSEY v. KYLE M. GRESAK -- rank: 825

... degree crime, thus invoking the presumption of imprisonment codified in N.J.S.A. 2C:44-1(d). That statutory presumption calls for a state prison sentence ... A-0483-20 4 written opinion, finding mitigating factors two, N.J.S.A. 2C:44-1(b)(2) ('[t]he defendant did not contemplate that the ... s conduct would cause or threaten serious harm'); 3 seven, N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior ... of time before the commission of the present offense'); eight, N.J.S.A. 2C:44-1(b)(8) ('[t]he defendant's conduct was the result of circumstances unlikely to recur'); nine, N.J.S.A. 2C:44-1(b)(9) ('[t]he character and attitude of the defendant ... that the defendant is unlikely to commit another offense'); ten, N.J.S.A. 2C:44-1(b)(10) ('[t]he defendant is particularly likely to ...

docket:	a0483-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-08
status:	Unpublished
citation:
Document Size:	54087

24 STATE OF NEW JERSEY v. DENNIS J. MUNOZ -- rank: 821

... three — the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3) — based on defendant's extensive prior juvenile ... six — the extent and seriousness of defendant's record, N.J.S.A. 2C:44-1(a)(3) — which included prior convictions for 'assaultive and ... need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9) — applied. The court did not find any mitigating factors. See N.J.S.A. 2C:44-1(b)(1) to (14). 11 The court 10 Defendant does ... that when the court sentenced defendant on July 12, 2019, N.J.S.A. 2C:44-1(b) did not include mitigating factor fourteen — the defendant ... when the crimes for which he was convicted were committed, N.J.S.A. 2C:44-1(b)(14). Mitigating factor fourteen was not adopted until ...

docket:	a0130-19
court:	NJ Superior Court Appellate Division
decided:	2023-09-14
status:	Unpublished
citation:
Document Size:	138828

25 State v. Keith V. Cuff -- rank: 821

... deterring the defendant and others from violating the law.” N.J.S.A. 2C:44-1(a)(3), (6), (9). It found no mitigating factors and ...

docket:	a-79-17
court:	NJ Supreme Court
decided:	2019-08-06
status:
citation:	--- A.3d ----
Document Size:	94982

26 State v. James Comer -- rank: 819

... it directed the trial court to address mitigating factor thirteen, N.J.S.A. 2C:44-1(b)(13) -- “The conduct of a youthful defendant was ... did not directly address mitigating factor thirteen during the hearing. --- N.J.S.A. 2C:44-1(b)(13) (“The conduct of a youthful defendant See ... youth as a mitigating factor at the time of sentencing. N.J.S.A. 2C:44-1(b)(14) (“The defendant was under 26 years of ...

docket:	a-42-43-20
court:	NJ Supreme Court
decided:	2021-01-10
status:
citation:
Document Size:	159090

27 STATE OF NEW JERSEY v. DEMITRI NEIVES -- rank: 817

... on the claim that recently enacted mitigating sentencing factor fourteen, N.J.S.A. 2C:44-1(b)(14)—'[t]he defendant was under twenty-six ... October 19, 2020, an amendment to the sentencing guidelines under N.J.S.A. 2C:44-1 became A-4602-19 7 effective immediately upon its adoption ... 110 §1. The amendment added an additional mitigating factor, N.J.S.A. 2C:44-1(b)(14), requiring consideration of a defendant's youth as ... for resentencing based on the enactment of mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), '[t]he defendant was under [twenty-six] years ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14) became effective on October 19, 2020, L. 2020 ... six, the extent and seriousness of defendant's prior record, N.J.S.A. 2C:44-1(a)(6), and aggravating factor nine, the need to ...

docket:	a4602-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	57045

28 STATE OF NEW JERSEY v. SHANE TIMMONS, -- rank: 817

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a2567-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-07
status:	Unpublished
citation:
Document Size:	169163

29 STATE OF NEW JERSEY v. ROBERT B. WIGGINS -- rank: 817

... three, '[t]he risk the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3); six, '[t]he extent of the defendant's ... of the offenses of which the defendant has been convicted,' N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter defendant 'and others from violating the law.' N.J.S.A. 2C:44-1(a)(9). It found mitigating factor eleven applied as well ... hardship placed on defendant or his dependents by his imprisonment. N.J.S.A. 2C:44-1(b)(11). The court sentenced defendant to an eight-year ... whether 'defendant's conduct neither caused nor threatened serious harm,' N.J.S.A. 2C:44-1(b)(1); two, whether 'defendant did not contemplate that the defendant's conduct would cause or threaten serious harm,' N.J.S.A. 2C:44-1(b)(2); and eight, whether 'defendant's conduct was ...

docket:	a5138-18
court:	NJ Superior Court Appellate Division
decided:	2022-05-16
status:	Unpublished
citation:
Document Size:	100568

30 /usr/local/share/www/libweb/collections/courts/appellate/a1137-17.opn.html -- rank: 812

... a discretionary extended term.' In addressing the sentencing factors under N.J.S.A. 2C:44-1(a) and (b), the court found aggravating factor (a)(1 ... The court then reviewed each of the mitigating factors under N.J.S.A. 2C:44- 1(b) and explained why none of them were applicable in ... relevant aggravating factors that bear upon the appropriate sentence[, see N.J.S.A. 2C:44-1(a),] as well as those mitigating factors[, see N.J.S.A. 2C:44-1(b),] that are 'fully supported by the evidence.'' State v ... about the trial court failing to consider mitigating factors under N.J.S.A. 2C:44-1(b)(3) and (b)(4), we conclude that the court ... 205 N.J. Super. 558, 576 (App. Div. 1985) (quoting N.J.S.A. 2C:44-1(b)(3)) (stating that this mitigating factor arises from ...

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