Search Rutgers Law Library N.J. Court Opinions

166 /usr/local/share/www/libweb/collections/courts/supreme/a-37-17.opn.html -- rank: 711

... of those transactions.” The court applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3), “[t]he risk that the defendant will ... from criminal activity. The court also applied aggravating factor six, N.J.S.A. 2C:44-1(a)(6), “[t]he extent of the defendant’s ... s offenses. The trial court also applied aggravating factor nine, N.J.S.A. 2C:44- 1(a)(9), “[t]he need for deterring the defendant ... rejected defendant’s request that it apply mitigating factor one, N.J.S.A. 2C:44-1(b)(1), “[t]he defendant’s conduct neither caused ... weapon. Finally, the court declined to apply mitigating factor eight, N.J.S.A. 2C:44-1(b)(8), “[t]he defendant’s conduct was the ... defendant’s prior record is central to aggravating factor six, N.J.S.A. 2C:44-1(a)(6), and may be relevant to other aggravating ...

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167 STATE OF NEW JERSEY v. ROBERT J. FERRY -- rank: 711

... factors three, A-1860-21 46 six, and nine. See N.J.S.A. 2C:44-1(a)(3), (6), (9). On the other hand, the judge ... of the offenses of which the defendant has been convicted.' N.J.S.A. 2C:44-1(a)(6) (emphasis added). Although the judge commented on the ... defendant contends the judge should have applied mitigating factor four, N.J.S.A. 2C:44-1(b)(4), which defense counsel requested. N.J.S.A. 2C:44-1(b)(4) provides '[t]here were substantial grounds tending to ...

docket:	a1860-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-02
status:	Unpublished
citation:
Document Size:	102332

168 A-0STATE OF NEW JERSEY v. DEREK J. MCDONOUGH -- rank: 711

... Prior to imposing sentence, the judge found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of offense and actor's role therein); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on victim); three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and seriousness of offenses); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others); and no ... focuses his challenge on the omission of mitigating factors two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate serious harm); five, ...

docket:	a4901-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	68795

169 /usr/local/share/www/libweb/collections/courts/appellate/a3808-19.opn.html -- rank: 711

... Judge Tarantino found the following aggravating factors: aggravating factor two, N.J.S.A. 2C:44-1(a)(2) ('The gravity and seriousness of harm inflicted on ... normal physical or mental power of resistance'); aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another offense'); aggravating factor six, N.J.S.A. 2C:44-1(a)(6) ('The extent of the defendant's prior criminal ... which the defendant has been convicted'); and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... law'). Judge Tarantino found only one mitigating factor, factor eleven, N.J.S.A. 2C:44-1(b)(11) ('The imprisonment of the defendant would entail excessive ... State v. Kromphold, the Court further explained, Those applications of N.J.S.A. 2C:44-1(a)(2) [in listed cases] suggest that that aggravating ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	55176

170 STATE OF NEW JERSEY v. JAKE PASCUCCI -- rank: 711

... should consider K.B.'s conduct pursuant to mitigating factor N.J.S.A. 2C:44- 1(b)(5) but the judge declined to find it, believing ... guilty to. Id. at 212. 'The judge found aggravating factor N.J.S.A. 2C:44-1(a)(9), and mitigating factors N.J.S.A. 2C:44-1(b)(7), (8), (9), and (10), and sentenced defendant to ... in support of defendant and K.B. The State argued N.J.S.A. 2C:44-1(b)(5) did not apply, but if the judge found ... speeding or driving recklessly. The judge also found mitigating factors N.J.S.A. 2C:44-1(b)(7), (8), (9) and (10). A-0664-20 4 The judge found aggravating factor N.J.S.A. 2C:44-1(a)(9) and gave it slight weight. Unlike the ...

docket:	a0664-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-20
status:	Unpublished
citation:
Document Size:	29623

171 /usr/local/share/www/libweb/collections/courts/appellate/a4848-14.opn.html -- rank: 711

... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case.' State v ... in an especially heinous, cruel, or depraved manner (factor one), N.J.S.A. 2C:44-1(a)(1); (2) the risk of re-offense (factor three), N.J.S.A. 2C:44-1(a)(3); and (3) the need for 29 A-4848-14T4 deterrence (factor nine), N.J.S.A. 2C:44-1(a)(9).6 The court found no mitigating factors. The ... s prior criminal record and the severity of those offenses, N.J.S.A. 2C:44-1(a)(6), the court did not find this aggravating factor ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	67298

172 STATE OF NEW JERSEY v. MILTON MUNROE -- rank: 711

... found applicable the following aggravating factors: three (risk of recidivism), N.J.S.A. 2C:44-1(a)(3); six (the seriousness and extent of a defendant's prior criminal record), N.J.S.A. 2C:44-1(a)(6); and nine (the need to deter the defendant and others), N.J.S.A. 2C:44-1(a)(9). Finding that the aggravating factors outweighed the non ... seriousness of the offenses of which he has been convicted [ N.J.S.A. 2C:44-1(a)(6)]; the need for deterring the Defendant and others from violating the law [ N.J.S.A. 2C:44-1(a)(9)]. As to Mitigating Factors: the Defendant has compensated ... sustained, or will participate in a program of community service [ N.J.S.A. 2C:44-1(b)(6)]; the Defendant's conduct was the result ...

docket:	a6511-06
court:	superior court appellate division
decided:	2010-10-21
status:	unpublished
citation:
Document Size:	72120

173 STATE OF NEW JERSEY v. RODNEY SMILEY -- rank: 711

... following aggravating factors apply to this sentence. Aggravating factor [three, N.J.S.A. 2C:44- 1(a)(3)] applies and has great weight. There is more ... little doubt that . . . defendant will offend again. Aggravating factor [five, N.J.S.A. 2C:44-1(a)(5)] applies and has significant weight. There is a ... applied to [c]ount [six], witness tampering. Aggravating factor [six, N.J.S.A. 2C:44-1(a)(6)] applies and has great weight. The extent of ... up offenses for most of his life. .... Aggravating factor [nine, N.J.S.A. 2C:44- 1(a)(9)] applies and has the greatest weight. There is ... the court from imposing presumptive terms of imprisonment pursuant to [N.J.S.A.] 2C:44-1[(f)](1) except in cases of crimes of the fourth ...

docket:	a1648-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-22
status:	Unpublished
citation:
Document Size:	56940

174 STATE OF NEW JERSEY v. ROLAND SIMEON -- rank: 711

... found applicable the following aggravating factors: three (risk of recidivism), N.J.S.A. 2C:44-1(a)(3); six (the seriousness and extent of a defendant's prior criminal record), N.J.S.A. 2C:44-1(a)(6); and nine (the need to deter the defendant and others), N.J.S.A. 2C:44-1(a)(9). Finding that the aggravating factors outweighed the non ... seriousness of the offenses of which he has been convicted [ N.J.S.A. 2C:44-1(a)(6)]; the need for deterring the Defendant and others from violating the law [ N.J.S.A. 2C:44-1(a)(9)]. As to Mitigating Factors: the Defendant has compensated ... sustained, or will participate in a program of community service [ N.J.S.A. 2C:44-1(b)(6)]; the Defendant's conduct was the result ...

docket:	a2131-07
court:	superior court appellate division
decided:	2010-10-21
status:	unpublished
citation:
Document Size:	75651

175 STATE OF NEW JERSEY v. ALLEN HARBATUK -- rank: 711

... three, the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and aggravating factor nine, the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). Defendant contends the substantial weight the A-3743 ... of time prior to the commission of the present offense, N.J.S.A 2C:44-1(b)(7), and eight, the defendant's conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8). We review a trial judge's sentencing decision ... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case.' Case, A ... indicate that the defendant is unlikely to commit another offense. N.J.S.A. 2C:44-1(b)(9). '[R]emand may be required when a ...

docket:	a3743-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-14
status:	Unpublished
citation:
Document Size:	80582

176 STATE OF NEW JERSEY v. FRANK L. AIGOTTI -- rank: 711

... at 364-65). Here, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... of the offenses of which he has been convicted); nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law); and twelve, N.J.S.A. 2C:44- 1(a)(12) (offense was committed against a person defendant knew ... older, or disabled). The judge also found mitigating factor six, N.J.S.A. 2C:44-1(b)(6) (defendant will compensate the victim). As stated previously ...

docket:	a4443-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-24
status:	Unpublished
citation:
Document Size:	57189

177 STATE OF NEW JERSEY v. MILTON MUNROE -- rank: 711

... found applicable the following aggravating factors: three (risk of recidivism), N.J.S.A. 2C:44-1(a)(3); six (the seriousness and extent of a defendant's prior criminal record), N.J.S.A. 2C:44-1(a)(6); and nine (the need to deter the defendant and others), N.J.S.A. 2C:44-1(a)(9). Finding that the aggravating factors outweighed the non ... seriousness of the offenses of which he has been convicted [ N.J.S.A. 2C:44-1(a)(6)]; the need for deterring the Defendant and others from violating the law [ N.J.S.A. 2C:44-1(a)(9)]. As to Mitigating Factors: the Defendant has compensated ... sustained, or will participate in a program of community service [ N.J.S.A. 2C:44-1(b)(6)]; the Defendant's conduct was the result ...

docket:	a6014-06
court:	superior court appellate division
decided:	2010-10-21
status:	unpublished
citation:
Document Size:	72120

178 STATE OF NEW JERSEY v. DEREK J. MCDONOUGH -- rank: 711

... Prior to imposing sentence, the judge found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of offense and actor's role therein); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on victim); three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and seriousness of offenses); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others); and no ... focuses his challenge on the omission of mitigating factors two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate serious harm); five, ...

docket:	a0525-12
court:	superior court trial
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	68678

179 STATE OF NEW JERSEY v. ANDREW W. PENA -- rank: 711

... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case.' State v ... aggravating factors one, the nature and circumstances of the offense ( N.J.S.A. 2C:44-1(a)(1)); two, the gravity of harm to the victim ( N.J.S.A. 2C:44-1(a)(2)); three, the risk defendant will commit another offense ( N.J.S.A. 2C:44-1(a)(3)); six, the extent of defendant's prior criminal record, ( N.J.S.A. 2C:44-1(a)(6)); and nine, the need for deterrence ( N.J.S.A. 2C:44-1(a)(9)). The court found no mitigating factors, and ...

docket:	a2098-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-24
status:	unpublished
citation:
Document Size:	144939

180 STATE OF NEW JERSEY v. DAVID ROMEO -- rank: 709

... with the case law interpretation of the same language in N.J.S.A. 2C:44-1(d), which governs the determination of whether the presumption of ... of the defendant" in its decision whether to impose imprisonment. N.J.S.A. 2C:44-1(d). We concluded that, while the Legislature did not use ... must engage in a similar analysis to that required by N.J.S.A. 2C:44-1(d)." Rice , supra , 425 N.J. Super. at 388-89 ... mitigating factors and found the existence of aggravating factor one, N.J.S.A. 2C:44-1(a)(1), the nature and circumstances of the offense and ... The court also found the existence of aggravating factor two, N.J.S.A. 2C:44-1(a)(2), the gravity and seriousness of the harm inflicted ... arrests." The court found the existence of aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant would commit another ...

docket:	a4580-09
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	106487