Search Rutgers Law Library N.J. Court Opinions

181 STATE OF NEW JERSEY v. DESHAUN P. WILSON -- rank: 709

... The judge found aggravating factors three, six, and nine. See N.J.S.A. 2C:44-1(a)(3) ("[T]he risk that the defendant will commit ... two and eleven which were supported by the record. See N.J.S.A. 2C:44-1(b)(1), (2), and (11). He also argues that the ... contemplate that his conduct would cause or threaten serious harm." N.J.S.A. 2C:44-1(b)(1)-(2). There was simply nothing in the record ... defendant would entail excessive hardship to himself or his dependents." N.J.S.A. 2C:44-1(b)(11). Pursuant to N.J.S.A. 2C:43 ...

docket:	a2097-12
court:	NJ Superior Court Appellate Division
decided:	2015-09-10
status:	unpublished
citation:	442 N.J.Super. 224 121 A.3d 921
Document Size:	92206

182 /usr/local/share/www/libweb/collections/courts/appellate/a2235-12.opn.html -- rank: 709

... trial court considered the aggravating and mitigating factors required under N.J.S.A. 2C:44-1. The court began by addressing defendant's prior criminal history ... deter" such conduct, the court found that aggravating factors six, N.J.S.A. 2C:44-1(a)(6) (extent and seriousness of prior criminal record), and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence), were applicable, 14 and that mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior delinquency or criminal activity), was ... month-old child, the court found that mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would cause excessive hardship to defendant or ... the second indictment, the court also found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk of re-offending) applicable because the ...

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court:	NJ Superior Court Law/Chancery Division
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183 A-0STATE OF NEW JERSEY v. SHAHID BASKERVILLE May 19 2015 -- rank: 709

... judge's finding of aggravating factors 1, 2, or 3, N.J.S.A. 2C:44-1(a)(1),(2), (3), or his declining to find mitigating factor 7, N.J.S.A. 2C:44-1(b)(7). Finally, he argues that the sentencing judge abused ... The judge found aggravating factors one, two, three, and nine, N.J.S.A. 2C:44-1(a)(1),(2),(3),(9). "[T]he Legislature chose comprehensive ... or she has been rendered vulnerable within the meaning of [ N.J.S.A. 2C:44-1(a)(2)]." Id. at 219. Here, the court found the ... factor nine. The court declined to find aggravating factor five, N.J.S.A. 2C:44-1(a)(5), because there was no evidence defendant was a ... to the mitigating factors, the court found mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12), assigning it "paramount weight" in light of ...

docket:	a2695-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-22
status:	unpublished
citation:
Document Size:	57090

184 STATE OF NEW JERSEY v. WILBER O. MEJIA-HERNANDEZ -- rank: 709

... the offender,' such as applicable aggravating and mitigating circumstances under N.J.S.A. 2C:44- - 1 . . . .' Benjamin, 228 N.J. at 369. Should the prosecutor decide ... of the pertinent mitigating and aggravating factors set forth in N.J.S.A. 2C:44-1, including [d]efendant's lack of a prior criminal record ... Specifically, the prosecutor found aggravating factors three and nine. See N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that . . . defendant will commit another offense'); N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring . . . defendant and others ... and eleven applied, they should not carry much weight. See N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior delinquency or criminal activity'); N.J.S.A. 2C:44-1(b)(11) ('[t]he imprisonment of the defendant would ...

docket:	a1022-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-09
status:	Unpublished
citation:
Document Size:	59835

185 STATE OF NEW JERSEY v. CAMILE LAMAR WILLIAMS -- rank: 709

... aggravating factors #l (the nature and circumstance of the offense), N.J.S.A. 2C:44-1(a)(1), #3 (the risk that defendant will commit another offense), N.J.S.A. 2C:44-1(a)(3), and #9 (the need for deterrence), N.J.S.A. 2C:44-1(a)(9). He found a single mitigating factor, namely, defendant ... lack of a prior history of delinquency or criminal activity, N.J.S.A. 2C:44-1(b)(7). The court explained: I find aggravating factor number ... should have found mitigating factors #3 (acted under strong provocation), N.J.S.A. 2C:44-1(b)(3), #4 (there were substantial grounds tending to excuse or justify defendant's conduct), N.J.S.A. 2C:44-1(b)(4), #8 (that his conduct was the result ...

docket:	a3084-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-24
status:	unpublished
citation:
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186 STATE OF NEW JERSEY v. TYRICE O. BERRY -- rank: 709

... two, three, six, and nine, and no mitigating factors. See N.J.S.A. 2C:44-1(a)(2) ('[t]he gravity and seriousness of harm inflicted ... t]he risk that the defendant will commit another offense'); N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior ... the offenses of which the defendant has been convicted'); and ( N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... rejected defendant's contention that mitigating factor seven applied. See N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior ... excessive hardship that would justify . . . finding . . . mitigating factor . . . [eleven].' See N.J.S.A. 2C:44-1(b)(11) ('[t]he imprisonment of the defendant would entail ...

docket:	a3819-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	97653

187 /usr/local/share/www/libweb/collections/courts/appellate/a5077-15a5078-15a5146-15a5147-15a5160-15.opn.html -- rank: 709

... risk of his reoffending and the need to deter. See N.J.S.A. 2C:44-1(b)(7), (10) (mitigating factors); N.J.S.A. 2C:44-1(a)(3), (9) (aggravating factors). The court sentenced Rodriguez to ... risk she would reoffend, and the need to deter. See N.J.S.A. 2C:44-1(b)(10) (mitigating factor); N.J.S.A. 2C:44-1(a)(3), (9) (aggravating factors). As in Rodriguez's sentencing ... risk he would reoffend and the need to deter. See N.J.S.A. 2C:44- 1(b)(7), (9) (mitigating factors); N.J.S.A. 2C:44-1(b)(3), (9) (aggravating factors). The court noted that ...

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court:	NJ Superior Court Law/Chancery Division
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188 STATE OF NEW JERSEY v. HAKEEM T. MERCER -- rank: 709

... a five-year term. The court found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), defendant's risk of recidivism, was applicable because ... threatening another inmate. The court additionally found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), criminal deterrence, applicable. With respect to both aggravating ... find aggravating factors one, especially heinous, cruel, or depraved acts, N.J.S.A. 2C:44-1(a)(1), two, the victim was vulnerable or incapable of resistance, N.J.S.A. 2C:44-1(a)(2), five, substantial likelihood defendant was involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5), and six, extent of defendant's criminal record, N.J.S.A. 2C:44-1(a)(6). As to the mitigating factors, the court ...

docket:	a1569-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-30
status:	Unpublished
citation:
Document Size:	46221

189 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:	a5204-09
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	106487

190 STATE OF NEW JERSEY v. T.J.D. -- rank: 707

... are excessive. Here, the trial court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense and the ... committed in an especially heinous, cruel or depraved manner); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on the victim); three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); four, N.J.S.A. 2C:44-1(a)(4) (lesser sentence will minimize the seriousness of the ... took advantage of a position of trust or confidence); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... the offenses of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from ...

docket:	a0041-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-11
status:	unpublished
citation:
Document Size:	60317

191 STATE OF NEW JERSEY v. JAMES BUCKNER -- rank: 707

... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a) (3), (6) & (9). In this regard, the court properly ... argues that the court failed to apply one mitigating factor, N.J.S.A. 2C:44-1(b)(7), that he had led a law-abiding life ...

docket:	a0630-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	published
citation:	437 N.J.Super. 8 96 A.3d 261
Document Size:	151235

192 STATE OF NEW JERSEY v. ROCCO MALDONADO -- rank: 707

... criminal record. Here, the trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (the nature and extent of defendant's prior record) and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter). The court found no mitigating ...

docket:	a4047-11
court:	NJ Superior Court Appellate Division
decided:	2015-01-15
status:	unpublished
citation:
Document Size:	81108

193 STATE OF NEW JERSEY v. NATHANIEL YOUNG, JR. -- rank: 707

... 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 ... sentencing defendant, the judge found the following aggravating factors: three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another offense'); six, N.J.S.A. 2C:44-1(a)(6) ('The extent of the defendant's prior criminal ... the offenses of which he has been convicted'); and nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... the time of the offense even though the amendment to N.J.S.A. 2C:44-1(b)(14) was not enacted at the time defendant was ...

docket:	a2661-18
court:	NJ Superior Court Appellate Division
decided:	2022-12-07
status:	Unpublished
citation:
Document Size:	82972

194 STATE OF NEW JERSEY v. KENNETH K. GUMBS -- rank: 707

... because the judge misapplied the aggravating and mitigating factors under N.J.S.A. 2C:44-1. We are not persuaded. N.J.S.A. 2C:43 ... the sentence on aggravating factors three, six, nine, and eleven, N.J.S.A. 2C:44-1(3), (6), (9), (11), and found no mitigating factors. Defendant ... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A. ] 2C:44-1(a) and (b)." State v. Roth , 95 N.J. 334 ... 72. The record supports the finding of aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant will reoffend, aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal record, and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter. Defendant's claim ...

docket:	a5148-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-20
status:	Published
citation:
Document Size:	57331

195 /usr/local/share/www/libweb/collections/courts/appellate/a0201-17.opn.html -- rank: 707

... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it 'may impose a term within ... in a different case we retroactively applied new mitigating factor N.J.S.A. 2C:44-1(b)(14) ('The defendant was under [twenty-six] years of ... u]nquestionably, the Legislature wanted to fill a void in N.J.S.A. 2C:44-1(b) by making a convicted person's youth a standalone ... s sentence for reconsideration in light of the enactment of N.J.S.A. 2C:44-1(b)(14) pending her appeal. We remand Rodriguez's sentence as well, but for different reasons. Aggravating factor six, N.J.S.A. 2C:44-1(a)(6), requires the court to consider 'the extent of ... three, the risk that the defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, the need for deterring the ...

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